Mullen, Theresa. A - Answer - NJ Courts

Raymond S. Londa, Esq. Attorney I.D. #209801965 Londa & Londa, Esqs. 277 North Broad Street Elizabeth, New Jersey 07208 Telephone No.: 908-353-5600 Facsimile No.: 908-353-5610 Attorneys for Respondent Theresa E. Mullen

IN THE MATTER OF

THERESA A. MULLEN., JUDGE OF THE SUPERIOR COURT

FILED JUL O 6 2018

A.C.J.C.

SUPREME COURT OF NEW JERSEY ADVISORY COMMITTEE ON

JUDICIAL CONDUCT

DOCKET NO. : ACJC 2017-364

ANSWER

Theresa E. Mullen, improperly designated as Theresa A. Mullen, Judge of the

Superior Court through counsel by way of answer to the formal complaint filed

against her and pursuant to R. 2 : 15-12( c) says :

FACTS

1. Respondent admits the allegations set forth in Paragraph 1 of the Facts

portion of the Formal Complaint.




portion of the· Formal Complaint, except to add that her son, B.P., also attended St.

Theresa School ("STS") from 2006 to 2016 when he was graduated from STS.

4. Respondent denies the allegations set forth in Paragraph 4 of the Facts

portion of the Formal Complaint but amplifies her answer by stating that STS refused

to permit a girls' basketball team to form notwithstanding the absence of a sign-up

deadline on the sign-up form for the girls' basketball team for the 2016-2017 school

year, and notwithstanding Respondent's request for time to assemble a girls'

basketball team which Respondent had coached in the past, which request was

denied.


portion of the Formal Complaint but adds that the Verified Complaint sought not only

a preliminary injunction to compel the Archdiocese of Newark and STS to instate

Respondent's daughter, S.P., a 7th grader at the time to the boys' basketball team

for the 2016-2017 school year, but also sought other relief relating to bullying and

harassment against Respondent's daughter, S.P., and an order to compel STS to

enforce its sexual harassment and bullying policies as set forth in the STS Handbook.







9. Respondent admits that allegation of Paragraph 9 of the Facts portion

of the Formal Complaint wherein it is alleged that on or about January 5, 2017, the

matter was heard by Judge Kessler who denied the relief sought by Respondent's

husband, Mr. Phillips, but denies that Judge Kessler found that there was no legal

foundation for S.P.'s right to play basketball. Rather, Judge Kessler held that there

was no settled legal right for the requested relief.


portion of the Formal Complaint and adds that the reason for the reversal by Judge

Kessler of his prior decision was because girls in fact were playing basketball on the

boys' team at St. John's School in Clark, New Jersey, and also because contrary to

the articulated reason by STS that Respondent's daughter's request to be included

on the boys' basketball team was allegedly untimely; in fact, applications from two

boys to participate on the STS boys' basketball team were received and accepted in

late fashion.


portion of the Formal Complaint but adds that S.P. only played in two basketball

games, they being the final game of the season and one playoff game contrary to the

certifications filed with the Court in the initial civil complaint against STS and the

Archdiocese of Newark by Richard Donovan, the CYO Director of the Archdiocese of

Newark and Anh Bui, the athletic director of STS.

12. Respondent generally admits the allegations set forth in Paragraph 12

of the Facts portion of the Formal Complaint except to say that the referenced letter

from the Archdiocese of Newark "requested" (not directed) that Respondent and her

husband remove their daughters S.P. and K.P. from STS immediately. Moreover the

request came almost two months to the day after the Superior Court complaint

initiated by Respondent's husband had been filed. Moreover, the letter in question

was e-mailed to Susan B. McCrea, Esq., counsel for Respondent's husband at or about

5:30 p.m. on February 1, 2017, (after school ended for the day and after the Courts

were closed) an e-mail copy of which Respondent and her husband received from Ms.

McCrea subsequent to 5: 30 p.m. on February 1, 2017. An actual copy of the letter

was not received by Respondent and her husband until approximately 9:30 p.m. on

February 1, 2017, when they returned from an excursion more fully referenced in

answer to Paragraph 16 of this Answer. Moreover, tests were scheduled for

Respondent's children on February 2, 2017.


portion of the Formal Complaint except to say that the correct date is August 30,

2016, and not August 20, 2016.


portion of the Formal Complaint but adds that the referenced letter was not hand

delivered to Respondent and her husband but was left at the foot of their garage door

in their absence and was not seen until approximately 9:44 p.m. on February 1,

2017.



16. Respondent has insufficient knowledge or information upon which to

form a belief as to the truth of the allegations as set forth in Paragraph 16 of the

Facts portion of the Formal Complaint and says by way of further answer that no

media representatives were present during Respondent's presence at STS on

February 2, 2017. Respondent further responds to Paragraph 16 of the Facts portion

of the Formal Complaint by stating that Respondent's daughter, S.P., was invited to

a practice session of the Liberty basketball team, a professional women's basketball

team and attended that practice session where S.P. was allowed to play with the

professional players. S.P. was accompanied to the Liberty professional basketball

team practice session in Westchester, New York by her parents, by her siblings B.P.

and K.P., and by a girl friend who had played basketball for two years at STS on a

team coached by Respondent, and who was interested in playing basketball. Media

representatives were present at the Liberty practice session and were advised by

Respondent's husband, NOT RESPONDENT, about the February 1, 2017, letter from

Margaret A. Dames, secretary for the Catholic Education/Superintendent of Schools

for the Archdiocese of Newark. Respondent had no contact with any media

representative at the Liberty scrimmage.



Facts portion of the Formal Complaint except to say that Father Joseph S. Bejgrowicz

("Fr. Joe") testified in accordance with said allegation, and Respondent further

acknowledges that Kenilworth Police Department representatives were present at

STS on February 2, 2017.


portion of the Formal Complaint except to say that in addition to two uniformed

officers from the Kenilworth Police Department, Chief John Zimmerman also was

present along with a third uniformed officer who later arrived.


portion of the Formal Complaint except to say that she and her husband were notified

by one communication not two that Respondent's children should not return to STS

on February 2, 2017.


portion of the Formal Complaint and by way of further answer says that Respondent

was never advised to leave the premises by Father Joe whose interaction with

Respondent was fully recorded by Respondent, but who after further dialogue with

STS representatives which included a request that Respondent remain on site until

her husband returned did in fact thereafter leave voluntarily.

21. Respondent generally admits the allegations set forth in Paragraph 21

of the Facts portion of the Formal Complaint except to say that the letter in question

did not expel Respondent's children and came from the Archdiocese of Newark, not

from STS. Respondent further states that she and her husband were invited into STS

for the purpose of discussing the February 1, 2017, letter in question on February 2,

2017, and Respondent's husband and later Respondent confirmed that the "request"

of the Archdiocese would not be honored.


portion of the Formal Complaint, and specifically denies that she was told by Sgt.

Grady to leave the premises of STS or that she ever said that Sgt. Grady should

handcuff and arrest her and will rely upon a transcript of the recorded dialog between

Respondent and others present on February 2, 2017 as recorded by Respondent on

her telephone or upon the recorded dialog if necessary.


portion of the Formal Complaint but says that she and her two children were escorted

to the front of the office where they were met by Father Joe.

24. Respondent admits the first sentence of the allegations set forth in

Paragraph 24 of the Facts portion of the Formal Complaint but says that Sgt. Grady

and Chief Zimmerman also were in the office. Respondent denies the allegations set

forth in the second and third sentences of Paragraph 24 of the Facts portion of the

Formal Complaint and states that the statement contained in Paragraph 28 of the

Facts portion of the Formal Complaint was read to Respondent at the beginning of

the meeting not at the conclusion of the meeting, and further states that Respondent

was not again asked to leave the school premises but rather was advised by Father

Vincent to remain on site until Respondent's husband returned. After her husband

returned Respondent left STS voluntarily.

25. Respondent admits the first sentence of the allegations set forth in

Paragraph 25 of the Facts portion of the Formal Complaint except to say that Father

Vincent and not Deacon Joe made the request that Respondent leave the office which

she did. Respondent denies that she initially refused to leave the office as requested.


portion of the Formal Complaint, and states that her only one-on-one conversation

with Father Joe occurred before she was escorted into the office as contained on a

recording of that conversation made by Respondent on her cell phone.


portion of the Formal Complaint and says that at no time was she located in the

school's hallway between the office where the meeting with others occurred and the

gym. Respondent went outside to call her husband immediately after she was

requested to leave the office. Respondent turned off the recording at 8:33 a.m. in

order to call her husband to see when he was returning. Respondent's cell phone

records confirm that she made the call at 8: 33 a.m. at the time that she shut off the

recording. At no time did Officer Kavernick ask Respondent to leave the premises

and according to the CAD report Officer Kavernick did not arrive until after 8:49 a.m.

At no time did Respondent state that she wanted to be handcuffed.


portion of the Formal Complaint, and states that the quoted statement was read at

the beginning of the meeting, but Respondent does not know by whom the statement

was prepared.


portion of the Formal Complaint, and Respondent states that the quoted statement

was read one time after which a dialogue between Respondent and others occurred.


portion of the Formal Complaint, and by way of further answer Respondent says that

the actual language used by her appears in the transcript of the recording.

31. Respondent admits that portion of the allegations set forth in Paragraph

31 of the Facts portion of the Formal Complaint, wherein it is alleged that at one point

during the meeting Father Vincent suggested that the lawyer for Respondent and the

lawyer for the Archdiocese confer, but Respondent denies that she had representation

and instead indicated that she was not named in the law suit, her husband was.

Respondent denies the balance of the allegations set forth in Paragraph 31 of the

Facts Portion of the Formal Complaint.


portion of the Formal Complaint and references her response to Paragraph 30 as set

forth hereinabove and relies upon the transcript of the February 2, 2017 dialogue.







Respondent further responds by saying that she left STS voluntarily.

35. Respondent denies that portion of the allegations set forth in Paragraph

35 of the Facts portion of the Formal Complaint wherein it is alleged that Father Joe

signed a complaint based on her (Respondent's) conduct but admits the balance of

the allegations set forth in Paragraph 35 of the Facts portion of the Formal Complaint.





38. Respondent admits that the Archdiocese of Newark and STS allege

receipt of letters and e-mails as set forth in Paragraph 38 of the Facts portion of the

Formal Complaint and states that copies of purported letters and e-mails allegedly

received by the Archdiocese of Newark and STS in February, 2017, were not provided

to Respondent or her husband or her husband's counsel until July, 2017. Respondent

denies the characterization that the letters and e-mails recounted stories of bullying,

rudeness, intimidation and/or harassment by S.P., by Respondent's husband, and/or

by Respondent. Respondent denies the truth of the allegations set forth in the alleged

letters as outline in Paragraph 38 of the Facts portion of the Formal Complaint.

39. Respondent admits that portion of the allegations of Paragraph 39 of the

Facts portion of the Formal Complaint wherein it is alleged that Respondent's husband

filed a motion but denies that all of the 80 persons to be added as defendants were

parents from STS. In fact some of the persons who signed the petition were members

of the Kenilworth Police Department who had no children at STS. One petition signer

was the wife of Chief John Zimmerman who had no children at STS. Sr. Helene Godin

was sought to be added as a party defendant because STS under her leadership

refused to address the safety, harassment, and bullying issues brought to her

attention by Respondent and her husband as those issues pertained to Respondent's

children.

40. Respondent denies the allegations contained in the first and second

sentences of Paragraph 40 of the Facts portion of the Formal Complaint, states that

she was never allowed to become a party to her husband's suit, will rely upon the

pleadings in the lawsuit for corroboration, and further states that the referenced

Order was entered on July 11, 2017, and not on March 2, 2017.

41. Respondent admits the allegation set forth in the first sentence of the

allegations set forth in Paragraph 41 of the Facts portion of the Formal Complaint.

Respondent denies the allegations set forth in the second sentence of Paragraph 41

of the Facts portion of the Formal Complaint because the determination allegedly

made was not made by STS but was made by the Archdiocese of Newark and a later

position from STS relating to Respondent's alleged conduct was only taken by STS in

response to an Amended Court Order dated July 12, 2017.

42. Respondent admits to the allegations set forth in Paragraph 42 of the

Facts portion of the Formal Complaint except to say that reference to the April "7"

letter should be a reference to the April "3" letter.

43. Respondent admits the allegations set forth in the first sentence of

Paragraph 43 of the Facts portion of the Formal Complaint. With regard to the second

sentence contained in Paragraph 43 of the Facts portion of the Formal Complaint

Respondent states that she was not at that time a party to the litigation. A motion

to amend the Complaint to add Respondent as a party was then pending and was not

decided until July 12, 2017.


portion of the Formal Complaint except to say that Ms. McCrea in an e-mail dated

June 9, 2017, said:

"Judge Kessler's most recent Case Management Order dated May 24, 2017, specifically Paragraph 2, only permits "limited paper discovery" at this juncture. I therefore will not be producing my clients Sydney Phillips and Scott Phillips for deposition. Ms. Mullen is not yet a plaintiff as the Motion to Amend is still pending. Thank you. Susan B. McCrea"






portion of the Formal Complaint with the exception that Respondent was not at that

time represented as a party by Ms. McCrea.


portion of the Formal Complaint and by way of further answer Respondent states that

pursuant to discussions between her husband's attorney, the attorney for STS and

the Archdiocese of Newark, and the trial judge and in lieu of being subpoenaed as a

non-party fact witness, Respondent would appear at a deposition and would be

represented at that deposition by her husband's counsel who advised her not to

appear for the deposition because of an anticipated appeal from an Order of the trial

judge, and it was Respondent's understanding that counsel from STS and the

Archdiocese of Newark had been so advised.






portion of the Formal Complaint but says by way of further answer that the Court

ordered deposition was limited to questions related to five certifications and to the

June 29, 2017, press release issued by James Goodness on behalf of the Archdiocese

of Newark, and further states that for purpose of the deposition and as a non-party

fact witness she was represented by her husband's attorney and followed her

husband's attorney's direction and advice with respect to answering or not answering

questions directed to her and will rely upon the transcript of her deposition by way

of further answer.






portion of the Formal Complaint but relies upon the transcript of Judge Kessler's

colloquy with counsel on July 26, 2017.


portion of the Formal Complaint and by way of further answer Respondent says that

her responses to questions during her July 26, 2017, deposition were as directed by

her then legal representative. However, Respondent does admit that portion of the

allegations set forth in Paragraph 55 of the Facts portion of the Formal Complaint

wherein it is alleged that Mr. Westrick filed another motion seeking to compel

Respondent's deposition.





Facts portion of the Formal Complaint since she was not present during the quoted

dialogue but will rely upon the transcript of the proceedings which will speak for itself.




dialogue but will rely upon the transcript of the proceedings which will speak for itself

when transcribed and further says that the statement attributed to Ms. McCrea

related solely to the then pending defiant trespass charge.




dialogue but will rely upon the transcript of the proceedings which will speak for itself

when transcribed.

60. Respondent admits that portion of the allegations set forth in Paragraph

60 of the Facts portion of the Formal Complaint pertaining to the date to appear and

that sanctions and costs and expenses were imposed but denies that any actual

award amount was entered against Respondent's husband at that time.


portion of the Formal Complaint but by way of further answer Respondent says that

she did not have counsel at the time that the initial request for an order prohibiting

the parties from referencing Respondent's judicial office was made at the beginning

of the litigation.






form a belief as to the truth of the allegations set forth in Paragraph 64 of the Facts

portion of the Formal Complaint, and says by way of further answer Respondent will

rely upon the August 1, 2017, Order of Judge Kessler and the attached statement of

reasons as well as the August 1, 2017, emergent application to the Appellate Division

as well as to the emergent application to the Superior Court also on August 1, 2017.




portion of the Formal Complaint except Respondent states that Sr. Helene did not

testify as alleged.


portion of the Formal Complaint but states that Respondent has filed a motion for a

new trial which motion is pending. Consequently, there has been no final adjudication

of the defiant trespass charge.


portion of the Formal Complaint, but Respondent has taken issue with the findings of

the trial judge's conclusions, and states that the matter is the subject of a pending

motion for a new trial and has not been finalized.


portion of the Formal Complaint, but Respondent has taken issue with the findings of

and the trial judge's conclusions, and states that the matter is the subject of a

pending motion for a new trial and has not been finalized.

AS TO COUNT ONE

70. Respondent repeats her answers to all paragraphs of the Facts portion

of the Formal Complaint and incorporates those answers herein by reference as if

they were fully set forth herein at length and responds to the balance of Count One

as follows:

71. Respondent denies the allegations set forth in Paragraph 71 of Count

One of the Formal Complaint.


One of the Formal Complaint.


One of the Formal Complaint and states that a motion for a new trial is pending, and

consequently there is no final determination upon which to conclude that Respondent

has violated any of the cited Statutes, Rules, Canons, and/or Codes.

AS TO COUNT TWO


of the Formal Complaint, and to Count One of the Formal Complaint and incorporates

those answers herein by reference as if they were fully set forth herein at length and

responds to the balance of Count Two as follows:


Two of the Formal Complaint.



AS TO COUNT THREE


of the Formal Complaint, and to Counts One and Two of the Formal Complaint and

incorporates those answers herein by reference as if they were fully set forth herein

at length and responds to the balance Count Three as follows:



AS TO COUNT FOUR


of the Formal Complaint, and to Counts One, Two and Three of the Formal Complaint

and incorporates those answers herein by reference as if they were fully set forth

herein at length and responds to the balance of Count Four as follows:


Four of the Formal Complaint.

By way of further answer to the pending formal complaint and by way of

background and in order to put this matter in proper context Respondent says:

1. Respondent was graduated cum laude from Lehigh University in 1989 and

received her J.D degree from Albany law School in 1993.

2. Respondent was admitted to practice before the Courts of this State on

December 21, 2003 and the Courts of New York on January 24, 2004.

3. Respondent was also admitted to practice before the Third Circuit in

November 2001 and the Supreme Court of the United States in April 2001.

4. Respondent was designated a Certified Civil Trial Attorney by the New

Jersey Supreme Court in the State of New Jersey in 1999.

5. Respondent held the office of President of the Richard J. Hughes Inn of

Court, Union County, from 2014-2015.

6. Respondent held the office of President of the Arthur T. Vanderbilt Inn of

Court, Essex County, from 2005-2006.

7. Respondent held the office of President of the Union County Bar

Association in 2011.

8. Respondent held the office of President of the Union County Bar

Foundation in 2012.

9. In the July 24, 2006 Edition of the New Jersey Law Journal, Respondent

was named as one of "40 UNDER 40" designees.

10. Respondent was named by the New Jersey Law Journal as one of the

Leaders in the State of New Jersey among Women and Minority Lawyers in 2003.

11. Respondent was a volunteer member of the Union County Judicial and

Prosecutorial Appointments Committee from 2002-2007.

12. Respondent was a volunteer member of the District XII Ethics

Committee from 2001-2005.

13. In 2013, Respondent was the Recipient of the Union County "Women of

Excellence" Award in Law by Union County Commission on the Status of Women.

14. On October 22, 2014, Respondent was appointed as a Judge of the

Superior Court of New Jersey.

15. Most importantly Respondent is also the mother of three young children,

B.P., age 16, S.P. age 14 and K.P., age 12.

16. Since her children were born, Respondent, in addition to volunteering

her time to serve in the various legal positions listed in the aforementioned

paragraphs, has dedicated much of her time to various activities in which her children

were involved, including coaching.

17. This year, Respondent coached the 8th grade Girls' Basketball Travel

Team at Immaculate Heart of Mary. She coached the 7th grade Travel team last year.

18. In the past, Respondent volunteered to coach B.P.'s basketball teams,

at the YMCA and volunteered as an assistant baseball coach in her Township. She

also volunteered to coach many of S.P. and K.P's basketball and softball teams at the

YMCA, in her Township and at Immaculate Heart of Mary, at the local and travel level,

since S.P. was in pt grade.

19. Respondent married her husband at St. Theresa Church about 18 years

ago. All three of her children were baptized there.

20. Her son, B.P. was graduated in June 2016 after attending St. Theresa

School ("STS") for 10 years, beginning in Pre-K 4.

21. S.P. attended STS for 9 years beginning in Pre-K 4 and K.P. for 8 years,

beginning in Pre-K 3, an option that was not available when B.P. and S.P. began.

22. All totaled, Respondent's children attended STS for 27 years.

23. Respondent also volunteered many hours at STS since her children

began school.

24. When the children were younger, she served lunchroom duty there.

25. She also gave career day and trial presentations whenever asked, on

many occasions, including inviting S.P.'s class to the Courthouse.

26. A majority of her volunteer work at STS included coaching basketball

clinics and the STS Girls' Junior Varsity and Varsity Basketball teams.

27. Respondent began coaching at STS in 2011 when she was asked to so

by the Athletic Director Anh Bui, after playing in the parent-child game at the end of

the 4th grade clinic for B.P.

28. In the Spring, 2016, serious issues arose at STS, which Respondent tried

to handle privately for almost 9 months, beginning in March, 2016.

29. As a mother, Respondent is responsible for protecting her children from

harm.

30. Respondent believes that all children should be protected from harm

and tried to protect other children at STS from harm as well as her own.

31. Respondent follows the "If You See Something, Say Something" policy.''

She has taught her children how important it is to do the same thing.

32. On Monday, March 14, 2016 Respondent made an urgent appointment

with Sr. Helene, the school principal, for 2 reasons. The first reason, being that she

learned on Friday evening, March 11, 2016 after a Mother-Son dance, that an 8th

grade female student, whom she coached in basketball, received a picture of a gun

from a male Brearley student who was frequenting STS property after school.

33. Respondent's husband, who is a retired police captain in Kenilworth, at

the request of STS, had just recently asked that male student and other Brearley

students to leave STS property because they were causing a disturbance.

34. Immediately alarmed and concerned for the safety of STS students in

general and for the classmate of B.P. who had received the picture in particular,

Respondent asked the STS student from whom she learned about the picture to send

it to her.

35. Upon receipt of the picture Respondent also forwarded this picture to

her husband and asked him to report the incident to the police, which he did the

following morning.

36. Respondent also made sure that this student's mother knew about this

gun picture the following day. Pertinent portions of the text communications on

March 12, 2016 between Respondent and the mother of the gun photo recipient are

as follows:

Mom:

Mom:

" .. [I]'m really upset can u text me that picture of [ ]. Is she in it? This Boy has a gun. I'm freaking out.

" ... [S]he said she blocked them the day they showed up at the school and we're told to leave by your husband.

Respondent: "The boys happened to be talking after the dance and I overheard the word gun---when I saw the picture I told them I was going to notify the

police because I was very disturbed about the gun. No one should be sending anyone pictures of guns and the fact that a gun was in a picture sent by a child to another child needed to be addressed by police before anything happened." (Emphasis supplied).

See March 12, 2016 communication, which includes the picture of the gun,

with names redacted as Exhibit A.

37. Respondent showed Sr. Helene this picture at the March 14, 2016

meeting and asked her husband to tell Fr. Joe, the pastor of St. Theresa Church,

about this incident, which he did that same day.

38. The second reason for the meeting was that Respondent's daughter S.P.

told her on March 12, 2016 that two boys in her class were making sexually

inappropriate gestures, including what can best be described as humping and

gyrating on desks in class when her homeroom teacher, Sr. Juliett had her back

turned. She also said that these boys were saying sexually inappropriate things,

which was confirmed to Respondent by another girl's mother in S.P.'s class.

39. S.P. also told respondent that she reported these incidents to Sr. Juliett

on several occasions and Sr. Juliett told her that she would take care of it, but that

the boys had not stopped. Respondent wanted to make sure Sr. Helene was aware

of this behavior and that she would take the appropriate action so that this behavior

would cease.

40. This sexually inappropriate behavior did not cease and S.P. repeatedly

requested to Sr. Juliett that she be permitted to speak to Sr. Helene, directly. These

requests were denied.

41. Respondent expressed her dissatisfaction that Sr. Juliett failed to

address the sexually inappropriate behavior and also refused to let her daughter

report it to the principal.

42. Even after the meeting, the behavior did not stop.

43. On May 9, 2016, one of these boys told a female student to "suck his

d***" in another class. S.P. asked to see Sr. Helene, along with 2 other girls and a

different teacher let them go. These 3 girls were told they had to make an

appointment and were made to wait for almost an hour. The mother of the offending

boy was an employee of the school.

44. After this report was made, this employee began harassing S.P. by

staring her down in recess in a clear intimidation attempt, began a smear campaign

against her stating that she was a trouble-maker, that the girls in the class had an

active imagination and that these girls were liars among other things.

45. Most of this behavior occurred on school premises, but also off the

property.

46. Respondent, concerned for S.P.'s well-being and for what could be

characterized as classic re-victimization and intimidation by faculty, again and this

time with her husband made an appointment at STS to address this behavior with

Sr. Helene.

47. Shortly thereafter Respondent's daughter and two other students

reported another incident to Sr. Helene where the word "rape' was used by one of

these students.

48. Many parents, outraged, made appointments, including Respondent

again with her husband, with Sr. Helene because nothing was being done to stop this

behavior that had been going on for months and which was making students

uncomfortable.

49. On May 11, 2016, Respondent and another girl's mother in the class,

received the following text message from another girl's mother:

Mom: " Hey ladies, I didn't want to disturb you .... Just wanted to give you an update with what's happening with [ ]'s issue in school .... My husband and I have a meeting with Sr. Juliet and Sr. Helen tomorrow afternoon at the school to discuss further. I wanted to say thank you and also apologize if at any point you or the girls felt like it was in vain they stepped and stood up for [ J. I am extremely thankful. It is a serious issue for us and thanks to you, we'll be able to address and investigate further. None of our children should be subject to that kind of environment.

Other Mom: "No apology necessary they will always stick up for their friends it is what they are taught. This nonsense has to stop. All of the parents want a meeting so if you get a minute give me a call. [Ml called Fr. Joe and sister and talked to them both. No one is happy with how it is being handled."

Respondent: No need to apologize---[S.P.J has been complaining about this for several months now and like [ J said will always stand up for her friends. Please let Me know if I can do anything and let me know what happens tomorrow. Just so You know I raised it with Sr. Helene about 2 months ago. (Emphasis supplied).

See copy of entire March 12, 2016 text with names redacted annexed as Exhibit B.

50. On May 18, 2016, a woman who was identified by S.P. to Respondent

as Ms. Duffy, was brought in as a guest speaker for the class. Ms. Duffy re-victimized,

harassed and intimidated the girls who came forward and attempted to make them

feel guilty. One of these girls was even made to cry.

51. Within 24 hours, written accounts of what occurred in S.P.'s class were

made by S.P. and another female student and given to Sr. Helene. Pertinent excerpts

from this 11 year old female student's written account describe what happened as

follows:

"Mrs. Duffy came in .... She said a positive environment started with forgiving others, because the past is behind us and we should start on a clean slate. [ ] then raised her hand and asked how we could forgive people when they'll just do it again? Mrs. Duffy told her that she was just making a "negative assumption." [ ] then said that she knew the person who's been doing this, and they wouldn't stop. Mrs. Duffy said she was "making up a story." She then addressed the class directly and told people to raise their hands if they would "get on board with her to stop gossiping. spread lies. and start forgiving others. Some people raised their hands, some people did not. [ ] S.P., [ ], me, etc.) She told the people who did raise their hands to "change the negative ways of the people with their hands down." S.P. said she was standing up for herself and her friends. Mrs. Duffy asked her what standing up for herself meant and S.P. said it meant defending herself. Mrs. Duffy said that she shouldn't have to be defensive and that S.P. was wrong and she didn't want to admit it. S.P. said that she would admit if she was wrong, but Mrs. Duffy said that she wasn't telling the truth ... [ ] raised her hand and asked why she should have to forgive someone else for defending her friend. Mrs. Duffy went into a discussion about insanity and said that it meant "repeating something over and over again much like you ( ) are doing." [ ] then said that "every time she has tried to forgive the person doing wrong things, they continue to repeat it, and technically that's what you just said." Mrs. Duffy said "it's this kind of animosity why wars are going on. why people are killing each other." [ ] started crying, and Mrs. Duffy continued to yell and say that [ ] should forgive. She said that "the fact that [ ] was crying was because she wanted to forgive and get on board with her." [ ] said that the reason why she was upset was because she wanted to stand up for her friends. I raised my hand and asked Mrs. Duffy why we should forgive if others aren't sorry. She said I was "making up a story." She went back to yelling at [ ] again, that's when I started (unknowingly) scratching myself and [ ] cried out and said I was bleeding. (I wasn't I was just extremely angry) Mrs. Duffy said that I made myself angry because of my own negativity. She told the people who were "on board" with her to raise their hands again ( ) and told them to once again spread their positivity to us who did not raise our

hands. because we were part of the problem by gossiping and spreading rumors. She then turned to the people who didn't raise their hand and asked us if we were killed tomorrow. would we be proud of what we're doing today? S.P. said yes. Mrs. Duffy started yelling at her. saying that she was spreading lies. S.P. said that she was standing up for herself and her friends. and that she took it to the authorities and nothing was happening. Mrs. Duffy then told her that it was out of her hands. I said that nothing was happening. Mrs. Duffy asked me "what do you think should happen? More spreading lies?" I told her that a proper punishment should be ordered. (suspension, expulsion, etc.) ... (Emphasis supplied).

See entire letter, with children's names redacted, except for S.P., annexed as Exhibit

"C".

52. S.P.'s account, in pertinent part is as follows:

Today Ms. Duffy came in and talked to us .

• ,,[M]s, Duffy went on and started to talk about starting on a clean page forgive and forget. [ ] then asked how do you forget if someone has do it over and over and over again? Ms. Duffy then said then you need to go to the r (sic) authorities. I then said that we did and nothing has happened and that this person keeps doing it. She then starts a conversation about how we need to make a change in your lives. [ ] and I both said we did and we will keep doing it. Then Ms. Duffy said that if we died tomorrow would you be proud of yourselves? I said "Yes I would in fact it would be very proud and I know my parents would be proud too because they know I did the right thing." I then told her that I am proud because I stood up for myself and my friends. Then Ms. Duffy said something about [ ] making up stories and [ ] began to cry. I stood up and walked right over to [ ] and comforted her.

Ms. Duffy then asked me and [ ] if we were willing to change, We said no because you are not making any sense to me. She then said well I don't want to talk to you anymore. She made me and [ ] go back to our seats while my very good friend was crying. I sat back down ...

See S.P.'s May 18, 2016, account attached as Exhibit "D".

53. Respondent, knowing that the consequences of bullying could lead to

the unthinkable and upset that the unacceptable re-victimization behavior was

continuing, especially by adults, made another appointment with Sr. Helene, but the

re-victimization and intimidation did not stop.

54. On May 20, 2016 S.P. was re-victimized again by another faculty

member and was told that she was the problem in a class and that other teachers

thought so.

55. On May 22, 2016 Respondent logged on Power School to view her

children's grades and observed S.P's grades for the trimester, which she believed to

be the worst in 8 years. Equally disturbing was a 74 that B.P. received from Sr.

Juliett in literature, which was his worst grade ever in 10 years, as B.P. was never

anything but a First honors student.

56. Respondent immediately wrote to Sr. Juliett and another appointment

was made with Sr. Helene for the May 20, 2016 incident and the grades issue.

Respondent again privately expressed this "re-victimization" behavior and was told

that it was a "coincidence" that S.P. was called out in class and made an example.

Respondent learned during this meeting that S.P. had told this teacher the week

before that she did not want to sit next to a classmate, the same classmate who said

"suck my d***" and the same classmate who had been gyrating and who was

exhibiting sexually inappropriate behavior and the same classmate whose mother

was harassing her.

57. Respondent reviewed B.P.'s test. There were several red check marks

indicating acceptable answers and one comment that not enough "words' from the

story were used. Nothing else on a completely subjective test except for 5 definition

questions which were entirely correct.

58. The following week B.P. took the Final Exam. His grade was perfect on

the objective part of the exam, but again points were taken off in the subjective part.

Respondent was not permitted to see the Final Exam.

59. Respondent and her husband had another meeting with Sr. Helene the

following week and expressed their concerns about the re-victimization, intimidation

and retaliation against S.P., a 12 year old child who had the courage to come forward

and report completely inappropriate sexual behavior, the relentless bullying and

harassment that she suffered for coming forward from adults and faculty and

thereafter leading to retaliation against a child who had a stellar academic record for

10 years.

60. After this meeting on Friday, and since Respondent had been trying for

almost 3 months to privately ask those at STS to stop the sexually inappropriate

behavior in S.P.'s class, to stop the faculty harassment, bullying and intimidation

against S.P. and now the retaliation against B.P., Respondent immediately reached

out to the Superintendent of Schools for the Archdiocese and copied the STS Principal,

the Church Pastor and the County Head of Education for the Archdiocese, Sr. Butler

on this letter. This letter was sent that following Monday, June 6, 20116.

See June 6, 2016 letter annexed as Exhibit E, detailing the incidents discussed herein,

which included citations to the harassment and bullying provisions in the STS

Handbook.

61. Respondent sent a private follow-up letter on June 8, 2016, again

requesting a meeting after a telephone call with Sr. Butler and again on June 15,

2016.

See June 8, 2016 letter annexed as Exhibit "F" and June 15 2016, letter as Exhibit

"G".

62 After June 15, 2016, Respondent received a letter from Sr. Butler, to

which she responded on June 27, 2016, asking her to name children. Respondent

sent a 4th letter to the Archdiocese again requesting a meeting and declined to place

the names of any children other than her own in writing, stating in pertinent part:

"I did not name these students in my letters because it is the failure of STS to properly address what was occurring at the outset and the negative impact it had on my children that was my purpose in contacting the Archdiocese. As I stated in my initial correspondence " ... due to the disturbing conduct and behavior of STS faculty and the school principal. S.P. has been re-victimized and now my son B.P. has also been negatively affected."

... [I] also stated that many parents, outraged, made appointments, including my husband and me, with Sr. Helene because nothing was being done to stop this behavior that had been going on for months and which was making students uncomfortable. (Emphasis supplied and initials used).

See Butler, June 13, 2016, correspondence and Mullen June 27, 2016,

correspondence annexed as Exhibit "H".

63. Respondent never received a response to this June 27, 2016 letter. No

meeting was ever scheduled.

64. After much thought during the summer, Respondent decided to send

S.P. and K.P. back to STS, believing that. S.P., who did nothing wrong, should not

have to leave the only school she had ever known.

65. This inappropriate behavior, bullying, taunting, discrimination and

bullying continued into S.P.'s 7th grade year and S.P. and another student reported a

threat of violence to the new STS Principal, Deacon Joe, which included a threat to

bring a weapon to school and to stab S.P. with a knife and a picture with guns pointing

to God by a boy in S.P.'s class.

66. Respondent was aware that guns were present in that boy's household

at one time and any threat of violence should be taken seriously, just as the March

2016 gun incident, especially when young children are involved.

67. Just a few days later, on October 28, 2016, S.P. and the other

complaining student were excluded on STS property from a vehicle which was owned

by the parents of the student in question, at a Halloween "trunk or treat" event. S.P.

was taunted and bullied by these parents on STS property.

68. This incident was reported to the STS Pastor, Fr. Joe and Principal,

Deacon Joe by Respondent and her husband the next day, and STS refused to address

the issue, except only to suggest that Respondent and/or her husband contact the

other parents directly.

69. S.P., while at STS played every sport offered and excelled in athletics.

By way of example, she was moved up to JV Basketball in 4th grade and was voted

as an All-Star by her teammates every year she played, although there were girls

two years older than S.P. on the team in some years. She was moved up to Varsity

volleyball in 5th grade.

70. The Monday following the trunk or treat, on Halloween, Respondent

learned from another parent that STS Athletic Director Bui canceled the Girls

Basketball Season for the second year in a row. Respondent was never advised of

this cancellation.

71. Despite the cancellation the previous year, that season was saved, in

part, after Respondent was approached by the parents of children in B.P.'s class

whom she had coached and who asked her to try and save the season.

72. As with the previous year, Respondent tried to save the season again

and asked for an opportunity to enter a team. This request was denied by Mr. Bui

and Richard Donovan, the Catholic Youth Organization (CYO) Director for the

Archdiocese of Newark, who had children at STS at the time.

73. Respondent then made a request for S.P. to be placed on the already

existing Boys Team that same evening, which was also denied. Respondent followed

up this request with a written email the following day, on November 1, 2016.

74. This request was again denied, and her application was rejected as

75. Respondent also sent a follow-up private email to Deacon Joe, on

November 4, 2016, regarding the basketball issue and the trunk or treat incident.

This email stated:

Dear Deacon Joe:

It is my understanding that you tried to return S.P.'s Basketball Registration forms to Scott yesterday despite the fact that there is no deadline on them and there is no prohibition on the CYO website with respect to Girls' playing on a Boys team that I saw. I ask that you please provide the reason in writing for this rejection before the end of today, so I can take this to the next level.

In addition, I would also like to confirm that STS does not intend to take any further action about what I reported occurred at last Friday's Trunk or Treat to you on Saturday, wherein I was informed that [ ] excluded only S.P. and another girl from their car, followed by [ ] taunting her and then culminating in both of these parents confronting her, all on STS property. As you know, I told you this whole incident reduced S.P. to tears.

It is no coincidence that both of these children who were excluded reported what could be characterized as a serious incident to you about the child of these parents. In light of what happened to S.P. last year where she followed the "see something, say something" policy of which I am certain you are

aware since it was clearly documented in letters I wrote to the school and to the Archdiocese, I cannot continue to let S.P. be "re-victimized" while those in authority fail to take appropriate action.

Finally, when I met you for the first time last month, I scheduled a meeting to discuss, in part, what occurred last year with the Athletic Director at STS with respect to Girls Basketball and how he singlehandedly tried to dismantle the team. This year the same type of thing occurred and there is no doubt that there is a pattern of behavior which I believe is unacceptable and should not be tolerated. Please confirm that you will not be addressing this issue either.

As I stated in my earlier correspondence this week, I will be happy to provide you with copies of anything you need, if it has not been maintained in the STS files, if these are necessary before you respond. However, I cannot wait to receive a response any later than Monday due to what I believe are time sensitive issues.

Thank you, Theresa Mullen

See November 4, 2016, email annexed as Exhibit "I" with names redacted.

76. The other girl who was excluded in the trunk or treat incident was the

same child who gave the account about what happened in Ms. Duffy's class to Sr.

Helene about how she, S.P. and other girls were: 1) shamed for standing up; 2)

accused of making up stories; 3) accused of not telling the truth; 4) told that they

were being part of the problem; and 5) were compared to killers, because they

reported the sexually inappropriate behavior that had been happening for months by

boys in their class and threats of serious violence, namely gyrating on desks, using

the word "rape," being threatened with a knife and for reporting a picture being drawn

with a threat of guns to authorities.

77. The following response was received from Deacon Joe, who completely

ignored the trunk-or-treat issue and who rejected S. P.'s application for two reasons:

1) timeliness; and 2) that the Archdiocese doesn't permit girls to play on boy's teams,

two assertions which were placed in Certifications filed with the trial court by STS

Athletic Director Anh Bui (AD Bui) and CYO Director Richard Donovan, and which

were later proven to be false:

Dear Theresa,

Initially I returned from a meeting to find the application on my desk addresses (sic) to Mr. Bui. I do not see Mr. Bui. I was returning it to Scott and I told him that he had to give it to Mr. Bui. But I also told Scott that it was my understanding that the deadline had past (sic) and also since your request was for S.P. to join in the Boys' Basketball team that also was not possible because the diocese doesn't do that. (Emphasis supplied).

See November 4, 2016, email response, with redactions only for privacy issues,

annexed as Exhibit "J".

78. S.P.'s application was rejected even though there was no deadline on

the forms. (Emphasis supplied). See Application Form annexed as Exhibit "K".

79. STS in past years, when Respondent was coaching, accepted

applications even after the basketball season started.

80. Respondent coached the JV Girls basketball team at STS in the 2013-

2014 and 2014-2015 seasons. In the 2015-2016 season, she coached the Girls

Varsity team.

81. In the 2013 season, Respondent received an email from AD Bui on

December 9, 2013, AFTER the season started advising that a new player, a

parishioner and CCD student, would be added to the roster. (Emphasis supplied).

See December 9, 2013, email, redacted only for privacy, from AD Bui annexed hereto

as Exhibit "L".

82. In this email, AD Bui forwarded Respondent an email from the then

principal of STS, Sr. Theresa Lee saying that she met with the player's mother that

very day and that she was going to be contacting AD Bui about a registration form.

(Exhibit "L").

83. This form was not rejected even though the Girls JV season had already

started, and games were played as evidenced by correspondence between

Respondent and AD Bui which indicated that the JV team had lost the day before

December 8, 2013, by a score of 21-4. (Exhibit "L").

84. Shortly after the November 4, 2016, email to Deacon Joe, November 8,

2016, Respondent sent a 5th private letter to the Archdiocese, noting that there had

not been any response to her last correspondence dated June 27, 2016, despite the

fact that the June 13, 2016, letter from the Archdiocese indicated that the issues she

defined were being looked into and almost 5 months had passed without a response.

85. This letter, in pertinent part noted:

S.P. has been re-victimized. This "revictimization" has not ended in this new school year and less than two weeks ago, parents confronted S.P. on school property at a school function. I am attaching a recent e-mail dated November 4, 2016 sent to Deacon Joe, together with his response, which failed to address any action to be taken by STS with regard to the "trunk-or treat incident" described ...

... [A]s I stated to Deacon Joe, it is no coincidence that S.P. was excluded after a serious incident was reported to him about the child of these parents. Adults and children have been instructed to follow the "see something. say something" policy which she did last year and again this year . ...

Once again, I am inquiring as to whether the Archdiocese is going to schedule a meeting. is going to supply me with the information I requested and if it is going to take immediate action to address all of the issues I have repeatedly outlined before something even worse occurs. I am also asking if the obvious continued revictimization of S.P. is going to be permitted to continue without any consequences. (Emphasis supplied).

86. This letter also addressed the basketball issue, noted that Respondent

asked and was willing to coach as she had in past years and in pertinent part stated:

This year I am told that I will not be given any time to enter a Girls Team despite the fact that there was NO DEADLINE on the basketball forms distributed by the AD. (Emphasis supplied). In light of this decision, which I believe is completely unfair, I am also attaching my November 3, 2016 correspondence to the AD with the completed forms which included a request that S.P. be placed on the Boys 7th Grade Varsity Team, since there will be no Girls Team. There also has not been any response from the AD.

If the Archdiocese will not let STS enter a girl's team, then the fact remains that S.P. wants to play basketball, deserves to play basketball and it is my assertion that she has to be given an opportunity to do so at STS because there is a basketball team upon which she can play. Again if there is a written rule to the contrary, please provide it to me immediately ...

I have reviewed the 2015-2016 website and there is no restriction that I have seen. In addition, it states that "Rosters must be submitted by the first game." Therefore there is no question that S.P. can be added ...

There is no question that Catholic school girls are and have been permitted to play on Boys basketball teams when there is no comparable Girls team. To that end I am attaching the pertinent page from the Holy Trinity Church website in Webster, NY which allows for this EXACT THING. (Emphasis supplied) ...

Finally, in accordance with my request last week regarding placing S.P. on the 7th grade Boys Basketball roster ... time is also obviously of the essence because the CYO rules state that additions to the roster must be done before the first game. Therefore I need a written response which I have requested both from STS and from the Archdiocese. My email address is contained in the attachments,[ ].

See November 8, 2016, correspondence, which has been redacted for privacy issues,

together with attachments, wherein Deacon Joe was copied, annexed as Exhibit "M".

87. At the time S.P.'s application was rejected, STS offered CO-ED

basketball clinics where boys and girls played together, which Respondent had

coached, despite the fact that STS, (as well as the Archdiocese), refused to let S.P.

play basketball on the 7th grade JV boy's basketball team.

88. When Respondent began coaching at STS in 2011, she was assigned the

combined CO-ED pt grade Boys and 2nd grade Girls clinic and in 2012, Respondent

was asked by AD Bui to coach the 2nd Grade Boys Clinic. Since Respondent had

daughters in pt and 3rd grade at that time, she asked AD Bui if K.P. could also attend

the 2nd grade Boys clinic, in addition to the 1st grade clinic which he permitted.

89. AD Bui would also send sports sign-up forms home with children in

backpacks and would send several follow-up e-mail and text reminders. For example,

for the 2013-2014 season, he initially sent Forms home (Respondent's son was in 6th

grade) and then a follow-up email on 10/14/13 and noted that the season would start

in November. THERE WERE NO DEADLINES ON THESE FORMS either and forms were

accepted after seasons began. (Emphasis supplied).

90. On October 14, 2013, AD Bui called Respondent and advised that he

would be moving S.P., who was in 4th grade up to JV. He also asked respondent to

coach and Respondent agreed.

91. Because AD Bui was moving S.P up to the JV team, she needed to

complete the forms and by correspondence dated October 26, 2013, these forms

were again sent to Respondent for the 3rd time. That year, the Forms were completed

for S.P. on November 1, 2013, (coincidentally the same day the 2016 forms were

rejected) as Respondent's checkbook ledger indicates that a check #4089 was written

to STS Sports on November 1, 2013, for $200.

92. The JV Girls team won their first playoff game in this 2013-2014 season

and did not have to forfeit playing in the playoffs despite the fact that a player was

added after the season started. See February 24, 2014, correspondence from AD

Bui confirming playoff win annexed as Exhibit "N".

93. The Girls JV team in the 2014-2015 season also made the playoffs. See

February 23, 2015, correspondence from AD Bui confirming same annexed hereto as

Exhibit "0".

94. In the fall of 2015 before the new basketball season was to begin,

Respondent had disagreements with AD Bui which included days which were set aside

as girls practice time slots and days being given to the boys and other coaching issues

wherein Respondent offered to coach both the Girls JV and Girls Varsity teams. Most

of these disagreements were in telephone calls and emails. However, these

disagreements never resulted in AD Bui saying S.P. could not play basketball for STS.

95. On November 2, 2015, Respondent was named as the Head Coach of

the Girls Varsity Team. See November 2, 2015, correspondence from AD Bui

evidencing same annexed as Exhibit "P".

96. This email also gave the CYO scheduling meeting date as November 14,

2015. See Exhibit "Q".

97. On November 4, 2015, Respondent met with the then Principal of STS,

Sr. Helene Godin, among other things, about a practice day issue wherein the girls

regular time since Respondent began coaching in 2013 was given to the boys.

98. On November 6, 2015, just 4 days after the coaching email was sent by

AD Bui and just 2 days after Respondent's meeting with the STS Principal, she

received an email at 10:36 p.m., the day before B.P's confirmation, from AD Bui

canceling the Girls' season. See November 6, 2015, email from AD Bui annexed as

Exhibit "R".

99. Respondent never received any communication from AD Bui notifying

her that cancelation of the Girls season was ever an issue. Respondent also had

coached many of these 3th grade girls when they played JV in 6th Grade and knew

many had aspirations to play in High School.

100. Since Respondent did not want these Girls to lose their 3th grade year,

she tried to save the Girls Basketball season and immediately sent the STS Principal,

AD Bui and the STS parents emails about this cancellation.

101. Before B.P's confirmation, Respondent spoke to CYO Director Donovan

who advised that AD Bui had told him that only 3 girls were now willing to play and

that 5 girls had dropped out since that Monday.

102. When Respondent informed CYO Director Donovan that she believed

there were enough girls for a team, he told her that he would extend the deadline.

103. Respondent called the STS Pastor (Fr. Joe) and asked to meet with him

alter B.P.'s confirmation and he agreed.

104. When Respondent arrived at St. Theresa Church for B.P's confirmation,

she was surprised to learn that AD Bui had repeatedly called all of the Girls parents

who had registered to play that past Wednesday and Thursday and asked them to

re-think their position about playing.

105. Many of these parents asked Respondent to do everything she could do

to save the Girls season.

106. Respondent was the only parent (and named coach) who was not

contacted. The telephone calls from AD Bui began the day Respondent met with the

STS Principal, (Sr. Helene) on November 4, 2016, and not on November 2, 2016,

when AD Bui sent the coaching email. Exhibit "P".

107. CYO Director Donovan extended the deadline to November 9, 2015, and

parents of EVERY girl that Respondent represented would play reconfirmed their

daughter was playing, contrary to what AD Bui told CYO Director Donovan. See

various emails thanking Respondent for her efforts from then 8th grade parents and

B.P's classmates annexed as Exhibit "S".

108. On the morning of November 9, 2015, (days after S.P.'s 2016

application and check was submitted), S.P.'s check was submitted for the 2015

season. See November 9, 2015, email correspondence from Respondent to AD Bui

confirming same annexed as Exhibit "T".

109. By November 9, 2015, there was a team again. However, the regular

practice days and time issue for the Girls still remained. By November 19, 2015,

Respondent was able to secure the local Public High School, Brearley in Kenilworth

as a regular practice site.

110. The 2015-2016 Girls Varsity team made the playoffs again and all 3 of

the Girls who tried out in High School made their respective teams.

111. Despite what transpired in the 2015-2016 season, on May 19, 2016, AD

Bui wrote Respondent a "Thank You" card at the Sports awards ceremony, that in

pertinent part stated:

Dear Theresa,

Thank you for insisting on having a basketball team for the girls ... I also want to thank you for getting the gym time for practices at Brearley .. .! really appreciate all your help!!!

I know this year has been tough between us and we did not see eye-toeye ...

[Alnd I think you are a great coach, who knew how to get the best out of the players. For all of those things you did, I want to thank you for all of your help & look forward to another year next year.

(Emphasis supplied). See copy of May 19, 2016, "Thank You" card from AD Bui

annexed as Exhibit "U".

112. Respondent was never advised of any deadlines for the 2016-2017

basketball season by AD Bui and CYO Director Donovan and despite AD Bui's "Thank

You" card, looking forward to a new season, he canceled the season without ever

informing Respondent.

113. Between Spring 2016 and October 31, 2016, when Respondent learned

from another mother of a girl who played on the Girl's Varsity the previous season

that the season was canceled, Respondent had already made complaints to STS about

the inappropriate sexual behavior and the threats of violence as described herein.

114. No email was ever sent by AD Bui canceling the Girls season, like an

email was sent last year on November 6, 2015. See Exhibit "R".

115. No follow-up emails were ever sent to Respondent by AD Bui about

failing to receive S.P.'s application and in the past AD Bui sent numerous follow-up

correspondence to parents whose children played sports. He also made numerous

follow-up telephone calls.

116. AD Bui never communicated any Roster deadline to Respondent prior to

canceling the season.

117. On October 31, 2016, after learning of this cancelation, Respondent

immediately contacted AD Bui who confirmed. He did not respond when asked why

he failed to let her know.

118. Respondent, among other things, thereafter told AD Bui that she could

get 8 girls again (enough for a roster) and was told by AD Bui to contact Rich

Donovan, which she did.

119. CYO Director Donovan, refused to allow Respondent's first request to

enter a Girls team, like he did the preceding year. Thereafter, Respondent asked

that S.P. be placed on the 7th Grade Boys team and Mr. Donovan refused, stating

that girls are not permitted to play on boy's teams. See pertinent portions of text

messages annexed as Exhibit "W".

120. Thereafter there were several emails between AD Bui, Mr. Donovan and

Respondent, with the last email at that time known to Respondent being a follow-up

correspondence sent on November 1, 2016, to Defendant CYO Director DONOVAN,

AD Bui, Sr. Helene and Deacon Joe.

121. It was after this email that Respondent sent the November 4, 2016,

email to Deacon Joe and the November 8, 2016, correspondence to the Archdiocese

(as already referenced), which in part asked for a Rule reference which would bar

S.P. from playing.

122. Respondent failed to receive any response from the Archdiocese and

wrote a 6th private letter, dated November 18, 2016, asking for a meeting for a 6th

time. See November 18, 2016, correspondence annexed as Exhibit "X".

123. The Archdiocese, after 6 letters over a period which exceeded 5 months,

finally agreed to a meeting with respondent and her husband which took place on

November 22, 2016, at the Archdiocesan headquarters in Newark with the

Superintendent of Schools, Dr. Margaret Dames. Sr. Butler was also present.

124. The inappropriate sexual behavior, the continued bullying of S.P. by

both her male classmates and by adults, including faculty, as well as the basketball

issue were discussed.

125. At the end of this meeting, Respondent expressed that she did not feel

that her concerns were being properly addressed because neither Sr. Butler nor Dr.

Dames could provide her with assurances that S.P.'s concerns would be addressed

or with a Basketball Rule which would preclude S.P. from playing on the STS Boy's

7th Grade team.

126. the last thing that was said in this meeting, was Dr. Dames' response to

Respondent's concerns:

"Have your lawyer call our lawyer."

127. Neither Respondent or her husband had a lawyer at that time.

128. The following day, by letter dated November 23, 2016, Dr. Dames sent

a letter, addressed to Respondent as "Mrs. Theresa Mullen" without any Rule, just

noting that there were separate divisions and also commented that Sr. Pat spoke to

Deacon Joe about bullying. See November 23, 2016, correspondence annexed as

Exhibit "Y".

129. Based on the repeated failure of STS and the Archdiocese to address the

serious issues privately raised by Respondent and her husband over a period of 9

months with respect to S.P., which also negatively affected B.P., Respondent and her

husband decided that there was no other alternative but to take legal action in the

name of Respondent's husband only.

130. By letter dated December 1, 2016, Susan McCrea, Esq., wrote a letter

to Dr. Dames and Sr. Butler on behalf of Respondent's husband, which addressed the

repeated re-victimization of S.P., the negative effect that it had on B.P., the request

for S.P. to play basketball and that the failure to address these issues by STS was a

violation of the STS Handbook. In pertinent part this letter states:

... it is apparent that those in authority at St. Theresa's have violated the very provisions of its Handbook which addresses harassment and bullying. This violation by school authorities has resulted in the repeated re-victimization (beginning last year and continuing this year) of S.P. because the child stood up and reported inappropriate behavior (even thought I am told she was

wrongfully precluded from doing so initially by the faculty at St. Theresa}. It also appears that B.P. has had to pay a price for his sister's reporting of that incident.

As for basketball, after review of the correspondence dated November 23, 2016, that was sent to Mr. Phillips and his wife, there is clearly no rule which precludes S.P. from playing. St. Theresa's already offers co-ed sports and there is no reason why that offer should not be extended to basketball other than discrimination .

... [Ilt is also my understanding that the current Principal st St. Theresa does not object to S.P. playing ... S.P. is an outstanding basketball player who wants to play for her school.

Finally, I have been informed that every time Mr. Phillips and/or his wife request information or specifics about who is in charge, they are told by whomever they are speaking with at that time that it is not his or her responsibility. This denial of responsibility and accountability is of additional grave concern and also appears to be a clear attempt to give them the "runaround".

I do intend to file an Order To Show Cause in Court tomorrow unless I hear from you or your legal representative by the close of business today. S.P. has tried for the past several weeks to sign up for basket ball and has been prevented from doing so. The first game will be happening this weekend so time is of the essence. I hope these issues can be resolved without the Court's intervention.

(Emphasis supplied). See December 1, 2016, correspondence, with privacy

redactions, annexed as Exhibit "Z".

131. An initial Verified Complaint was filed on December 2, 2016, in the

Chancery Division, Essex County, with causes of action regarding bullying and

harassment, basketball and valedictorian calculations. See Verified Complaint

annexed as Exhibit "AA".

132. Respondent, as a sitting Judge of the Superior Court and privacy

concerns associated with this position, chose not to be the Guardian Ad Litem for her

children in the litigation.

133. Notwithstanding Respondent's decision, when a child is being bullied,

intimidated and harassed, the occupations of his or her parents does not and should

not matter, nor should it be exploited to gain a civil advantage or used to silence a

victim of bullying, harassment, intimidation or abuse---every parent has the

obligation to protect his or her child from harm---there is no greater responsibility.

134. This Verified Complaint did not seek money damages. (Emphasis

supplied).

135. An Amended Verified Complaint was filed on December 9, 2016.

136. This Amended Verified Complaint also did not seek money damages.

137. On December 20, 2016, Defendants Archdiocese and STS filed

opposition papers with the Court.

138. These filed papers included Certifications dated December 19, 2016, of:

1) Msgr. Nydegger, the Vice President and Vicar General of the Archdiocese and the

Vice President of St. Theresa Church which owns and operates STS; 2) CYO Director

Richard Donovan; and 3) Anh Bui.

139. Paragraph 5 of the Certification of Msgr. Nydegger stated that:

Defendant Archdiocese "did not own. operate or control" STS.

(Emphasis supplied). See Certification annexed as Exhibit "BB".

140. Richard Donovan's Certification also was dated December 19, 2016.

Attached to this Certification was an email he sent on November 1, 2016, to

Defendant STS administrators, which included the Pastor, Fr. Joe, Deacon Joe, the

Principal at the time, Sr. Helene, the Principal the previous year, Archdiocese

administrators and AD Bui about Respondent, which specifically said:

"Finally lol I just leave you with this ... she likes to pull the "Catholic Card" at the end of her email. Might I remind you all

that Jesus also made a whip and chased people out of the temple and flipped tables in anger--- all actions he felt justifiable {Emphasis supplied)

See pertinent portion of November 1, 2016, email annexed as Exhibit "CC".

141. Those in authority from STS and the ARCHDIOCESE directly received

and later published this correspondence in papers filed with the Court, thereby

condoning this expression of violence against a woman and failed to do anything to

stop it.

142. Advocating violence against Respondent, a woman (or anyone) is not

funny or is never something about which to joke (loHaugh out loud), wherein she

asks for assistance/reconsideration for entering a Girls team or by allowing S.P. to

play for her school by playing on the equivalent Boys team, is troubling in its own

right.

143. But for the Court papers, Respondent would never have seen that email,

which apparently was annexed accidentally.

144. STS and the ARCHDIOCESE, by their actions and as an institution, acted

in concert to "whip and chase" Plaintiff, S.P., K.P., and Respondent out of STS by

their bullying, harassing and intimidating behavior, designed to silence them and

anyone who supported them.

145. Specifically, as already referenced, the opposition papers that were filed

addressed the basketball issue, and AD Bui submitted a Certification to the Court in

opposition, dated December 19, 2016.

146. Paragraph 15 of AD Bui Certification asserts that S.P's November 1,

2016, application, filed the very next day after Respondent learned from another

parent that the Girls Basketball season had been canceled, was "drastically late" as

a reason for not accepting it.

147. In Paragraph 16 he further asserts "there was nothing I could do to

accommodate such a tardy application." This assertion also is completely without

merit based upon his very own past conduct. See Pertinent Portions of AD Bui's

Certification annexed as Exhibit "BB".

148. CYO Director Donovan also submitted a Certification on the same date.

Paragraphs 11, 12, & 13 of his Certification, in pertinent part, indicated that:

... [Nlo exceptions are made for any team or player who cannot or will not comply with the rules ...

The 2016-2017 season is no different. .. [O]ver 160 teams and 1000 players were able to comply with the rules and meet all deadlines and obligations.

To my knowledge the league has never made an exception for even one player.

See Pertinent Portions of CYO Director Donovan's Certification annexed as

Exhibit "CC".

149. Both of these men Certified to these "facts" notwithstanding that as

already noted, S.P.'s application for Basketball in 2013 was submitted on November

1, 2013, and accepted and in 2015 was submitted on November 9, 2015, and

accepted, and another player's application who attended CCD at STS was accepted

in December, 2013 AFTER the season had already started (Paragraphs 81-83).

150. Based largely upon these Certifications, oral argument was held on

January 5, 2017, and S.P. was denied the right to play basketball on the boy's STS

7th grade team, as the Court found there was no settled legal right to do so. See

January 5, 2017, Orders annexed as Exhibit "DD".

151. Permission to File a Motion for Emergent relief the next day by Plaintiff

was granted by Order dated January 16, 2017, and Amended Order dated January

10, 2017. See Orders annexed as Exhibit "EE".

152. Almost one month from the January 5, 2017, Court date, while the

Appellate application was still pending and almost 2 months since the lawsuit was

filed, with no new Court dates, on the evening of February 1, 2017, Respondent and

her husband became aware of a letter from the Archdiocese that was sent to

Plaintiffs' attorney after school and Court hours. This letter, in pertinent part stated:

"If a parent implicates St. Theresa in a legal matter, or names St. Theresa School as a defendant in a civil matter, the parent/guardian will be requested to remove their children immediately from school."

... [B]ased upon your ongoing lawsuit against St. Theresa's pursuant to this provision of the Handbook, you are hereby requested to remove S.P. and K.P. from the school.

(Emphasis supplied). See February 1, 2017 letter annexed as Exhibit "FF".

153. This letter was attached to an email sent by Defendants' counsel, at

4:56 pm stating:

As a courtesy, I am providing you with a copy of a letter from the Superintendent of Schools that is being hand delivered to your clients this afternoon. I believe the letter is self-explanatory but to avoid any confusion, neither S.P. nor K. P. should be coming to St. Theresa's School tomorrow morning or any day thereafter.

(Emphasis supplied). Identifiers are redacted. See email from counsel

annexed as Exhibit "FF" with letter.

154. Plaintiff was never served with this letter despite counsel's

representations to the contrary, and Respondent and her husband, with their

children, returned home that evening to find the letter on the ground at 9:44 pm

next to their garage. See photograph of envelope annexed hereto as Exhibit "GG".

155. This letter, for the first time, referred to Respondent as "Hon." although

Defendants' counsel for STS and the Archdiocese in the pending litigation had been

told by the Court to refer to her as "Ms. Mullen."

156. Respondent, in the past, specifically told Fr. Joe not to recognize or

identify her as a Judge in Church or at any STS function. He agreed.

157. No one at STS ever called Respondent "Judge Mullen." Nor did anyone

at the Archdiocese before this February 1, 2017 letter, as can be seen by Sr. Butler's

June 13, 2017, correspondence and Dr. Dames November 23, 2016, correspondence

--because Respondent never told either of them she was a Judge, nor has she used

her position as a Judge to obtain any advantage, or favorable treatment, ever.

158. All previous correspondence to Respondent whether it was from STS or

the Archdiocese always referred to her as 'Theresa" or Ms./Mrs. Mullen. See all

previously identified Exhibits wherein there is any reference to Respondent.

159. The February 1, 2017, correspondence (Exhibit "FF") was authored by

the Archdiocese, which had already taken the position on December 19, 2016, that

Defendants are two separate and distinct legal entities. See Exhibit "Z", Certification

of Msgr. Nydegger.

160. Clearly the timing of this email was carefully orchestrated to deny

Plaintiff and his young daughters, who up to that time had not attended any other

school, any recourse before school began the next morning.

161. The clause in the STS Handbook upon which the Archdiocese

relied in its February 1, 2017, correspondence does not mention the word expulsion.

162. Since Respondent and her husband were: 1) married at St. Theresa

Church; 2) all 3 of Respondent's children were baptized at this Church; 3) her children

had attended no other elementary school other than STS; 4) the Church Pastor, Fr.

Joe was invited to Respondent's swearing-in ceremony to give her the blessing when

she became a Judge and she had known him for almost 20 years and her husband

for over 30 years; 5) the children had tests that morning; 6) Respondent was very

concerned about any interruption in the children's schooling as all 3 children had

perfect attendance each year for most of the 27 collective years, having missed about

5 days in total; and 7) STS did not ask these children to leave, Respondent and her

husband took S.P. and K.P. to STS that morning, February 2, 2017.

163. Upon arrival, Respondent and her husband, S.P. and K.P. were met by

3 Police Officers including the Police Chief, the STS Principal, the Pastor and the

Associate Pastor who stood and blocked the only entrance to school. Respondent's

husband turned on his cellphone upon seeing the unexpected police presence.

164. This occurred in full view of various school personnel, teachers and

students. No news media were present. This show of force was designed to publicly

bully, shame, embarrass, humiliate and devastate S.P. and K.P, Respondent and

Respondent's husband (for filing a lawsuit) and to prevent others from filing future

lawsuits or being witnesses against what was happening at STS as described herein,

especially what was happening to S.P. and what had been happening to S.P. for

almost one year.

165. The instant litigation had been pending for 2 months and neither STS,

nor the Archdiocese ever made a prior "request" nor did they ever raise this issue

before the trial Court. Nonetheless, if disputes cannot be resolved, Plaintiff had a

Constitutional legal right to seek relief in the Courts to protect his children after

Respondent's repeated efforts to handle the matter privately were not successful.

166. Neither Respondent, her husband, K.P. or S.P. did anything to warrant

a request for removal other than Respondent's husband's lawsuit. These actions were

nothing more than retaliatory against a parent for pursuing legal action which he

clearly has a right to do.

167. S.P. (and K.P), victims were again revictimized by this show of force

against a 13 and 11-year-old who were just trying to go to school.

168. Respondent, her husband, S.P. and K.P. were then asked to come into

STS while someone from STS was contacting the Archdiocese.

169. They were all guarded in the hallway like criminals by Kenilworth Police

Officer Pickton for "coming to school."

170. The Police Chief John Zimmerman, Officer Grady, Fr. Joe, Fr. Vincent

and Deacon Joe proceeded to the Principal's office, located on the other end of the

STS entrance.

171. B.P., who was a Freshman in High School and who was driven to school

every day by his father, was outside in Respondent's husband's car and needed to

arrive at school by 8:45am when classes began. STS began its school day at 8:00am.

172. Respondent drove her own car to STS that day and was going to go

straight to work.

173. Respondent, her husband, S.P. and K.P. were guarded in the hallway for

about 15 minutes when S.P. reminded them that B.P. had to go to school.

Respondent's husband, then left to take B.P. to school. Respondent very upset and

particularly disturbed about the police presence, then turned on her cell-phone so

that everything that happened would be recorded.

174. Respondent's cellphone recording begins with her husband leaving the

premises at 8:09am.

175. The recording is uninterrupted until 8: 33am when she is asked to leave

the Principal's office. This recording 24: 11 has been transcribed and remains on her

phone.

176. Respondent and S.P. and K.P. remained guarded and were thereafter

escorted by Officer Pickton to the other end of the hallway in front of the Principal's

office, where they remained guarded.

177. Shortly thereafter, Fr. Joe came out of the Principal's office.

Respondent's entire interaction (while still being guarded and with her children still

being guarded) and conversation with him since she was invited into STS is recorded.

(Emphasis supplied).

178. Fr. Joe NEVER once asked Respondent to leave STS. (Emphasis

supplied).

179. The conversation begins with Fr. Joe telling Respondent how K.P. gave

a good answer in Church. Her marriage is also mentioned and the 27 years at STS.

Fr. Joe asks how B.P. is doing, which included an inquiry about high school and how

B.P. was playing on the STS, High School basketball team. Respondent is also

consoling her children, particularly K.P., just 11 years old, who can see the door being

shut for morning assembly, which she and S.P. would attend every morning, and

telling them not to worry that the door is shut, in an effort to try and make things as

normal for them as possible. The conversation begins:

A VOICE (Fr. Joe): "She had a good answer the other day." Ms. Mullen: "Who K.P. or S.P.?

It ends upon Respondent (after being outside the office for almost 15 minutes),

being asked to come into the office:

A VOICE (Fr. Joe): Ms. Mullen: A VOICE (Fr. Joe): Ms. Mullen:

"You can come in and S.P." "Okay: "will stay out here" "That's fine."

See Pages 2-8 of the transcript, annexed hereto as Exhibit "HH".

180. There was not one cross word uttered by Respondent to Fr. Joe, nor did

Respondent speak to him in anything other than a conversational tone.

181. In the office, Respondent who was escorted to a chair directly across

from Deacon Joe, the Principal, was then surrounded by 5 men in the tiny office,

which included the Police Chief, Officer Grady, Fr. Joe, Fr. Vincent and Deacon Joe

(he was the only one seated other than herself) in yet another show of unnecessary

force.

182. In Respondent's 27 collective years as a parent at STS, there had never

been a police presence of which she was aware. Nor did Respondent (or her young

children) ever have any type of confrontation with anyone at STS which would

necessitate such a presence.

183. Immediately thereafter, Respondent was read a statement, written on

a legal pad, by Deacon Joe, which expelled S.P. and K.P. , (who was not a named

party at the time), from STS in retaliation for Respondent's husband having filed the

Complaint. This statement, which threatened criminal charges (that were later

brought against her by Fr. Joe) is on the recording, said:

"After consulting with counsel for the Archdiocese, we understand that you refuse to withdraw the children from the

school as you've been requested to pursuant to the student handbook that you signed on August 16, 2016. Therefore. the children are expelled. You must leave the premises immediately. If you refuse to comply, then you'll be considered trespassing."


184. This statement did not specify what charges would be brought, nor did

it identify why S.P. and K.P. who were innocent of any wrongdoing, were being

expelled, other than to reference the STS Handbook clause referenced in the February

1, 2017, letter.

185. STS did not author the February 1, 2017, letter, nor the verbal

statement delivered to Respondent on February 2, 2017, the attorneys for the

Archdiocese did.

186. No written notice of expulsion was ever given to Respondent, her

husband, S.P. and/or K.P. by the Archdiocese or STS.

187. As noted, no mention of this expulsion or trespass (Respondent had

been invited in) was ever raised by Fr. Joe with Respondent while she was speaking

to him in the hallway.

188. Respondent, upon learning that her children were expelled was

extremely upset and unnerved by the police presence.

189. Chief Zimmerman, who was in the room and one of the Officer's

surrounding Respondent, told her that the Police would not be bringing any charges

( and they never did) and specifically stated:

"Well St. Theresa's would sign the complaint for---against trespassing ... [W]e're just an intermediary trying to keep the peace at this point."

190. Respondent also addressed the recording while surrounded stating:

"The reason why I am recording this, it's not my intention to cause a scene ...


191. Nor did Respondent cause a scene. Although upset, guarded and

surrounded, no foul language was used, nor did she call anyone any names.

192. Respondent never raised the fact that she was a Judge to anyone that

day. STS did. Specifically, Fr. Vincent was the one who raised this fact and

Respondent clearly said that the fact that she was a judge did not make a difference.

193. Fr. Vincent, said it did make a difference, which Respondent

unequivocally denied.

194. Fr. Vincent (FV), once a practicing lawyer, called and referred to

Respondent (Ms. M) "Judge" while she was surrounded in the office. During this

exchange, he kept cutting her off. Nonetheless, he also stated that: 1) the expulsion

and threat of trespass charges was a statement from "our lawyer;" 2) that if

trespassing is resisted the lawyers should get on the phone and 3) thereafter

instructed Respondent to wait for her husband in the following exchange, wherein

Respondent states it does not make a difference that she is a judge because she is

here as a "mother" :

"FV: So therefore, you're trespassing. And if you resist trespassing, then we need to get the lawyers on the phone. If our lawyer can't get on the phone (indiscernible) judge. Okay? So, get the lawyers on the phone and let them hash it out.

Ms. M: trespassing?

Well without a Court Order how are my children

FV: That's why I am saying, that's why I'm saying let's have the lawyers speak to the lawyers.

Ms.M: Well-I'm sure-

FV: Okay but I assume you want to wait until your husband gets back. Okay so we'll do that. if he's coming back.

Ms. M: Well, I'm going to tell him he has to come back because I have to go to work. But I would like to know the basis, since it's a statement read by the Archdiocese, of the expulsion. They're expelled because we denied your request to have them leave-or the Archdiocese's request, because let's face it, St. Theresa's hasn't signed anything. So. I want to be clear. because I want everyone to be on the same page here. which is why I am recording this.

FV: That's why the Archdiocese will talk to your lawyer and we can all be present. How is that?

Ms.M: Well that doesn't make a difference. I want to know from St. Theresa---if they're being expelled.

FV: From a legal perspective-

Ms.M: No. Forget about-

FV: No, it is. It's a legal issue. Let the lawyer talk to the lawyer. Let the lawyer---! mean, we're not going to talk about-I mean, you're a judge. Okay?

Ms. M: Can we-

FV: (Indiscernible)

Ms.M: It doesn't make a difference that I'm a judge.

FV: No. it does because you're a judge-

MS.M: No. No. No. I'm here as a mother and I'm not part of this lawsuit.

(Emphasis supplied). This colloquy continues wherein Fr. Vincent again

suggests that whether criminal charges are brought should be up to a lawyer in a

pending civil case, which is in direct contravention to the NJ Ethics Rules:

FV: There are lay people here that don't know the law. Okay? So, let's let the lawyers talk to the lawyers.

Ms.M: No.

FV: This is a statement from our lawyer.

Ms.M: Okay. So, a lawyer has-

FV: Let our lawyer speak to your lawyer.

Ms.M: No. No. No. Wait a minute. So, let's get this straight. A lawyer has the right to tell St. Theresa's who didn't sign a letter, to charge me and my children with criminal trespass. I just want to get this straight.

FV: From the diocese---from the diocese-

Ms.M: I didn't realize a lawyer has the right to bring criminal charges.

FV: From the diocese perspective you're expelled. You're children-

Ms.M: Based on what?

FV: Based on the letter that you signed, the policy that you signed.

Ms. M: I didn't sign anything. Let's get that straight. Based on-

FV: Okay. Your husband-

Ms.M: Wait.

FV: So, your husband is not here. Hold on, let's put-no no.

Ms.M: Based on the policy in the yearbook (sic)-

FV: We're going to keep talking-

Ms.M: No. No, but you're interrupting me ...

195. Father Vincent thereafter asks Respondent if she signed the Handbook

and upon confirming that she did not, AGAIN repeatedly states that they will wait

for her husband to get back to STS in the following exchange and also states that

the lawyers should decide whether to bring a criminal charge, clearly using the

children ( and Respondent) as a bargaining chip. (Emphasis supplied):

FV: Okay did you sign the letter?

Ms.M: I did not.

FV: Who signed the letter:

Voice: Scott

FV: Your husband, so we'll wait-

Ms.M: Regardless. Let's get this straight, because Scott signed the letter-

FV: Your husband signed the letter, so we will wait for your husband.

Ms.M: But I want to get this straight.

FV: No, no, we're not going (sic) it straight until the lawyers get on the phone.

Ms.M: Oh, we're not? Why does the lawyer need to be on the phone?

FV: We will wait for your husband to get back.

Ms. M: And what?

FV: We'll call the Arch-we'll call Carella Byrne, we'll call your lawyer-

Ms.M: And in the meantime, my children are sitting outside in the hallway?

FV: That's - I'm sorry, that's

Ms.M: Okay so let's get it straight, they're expelled ...

FV: We're getting it straight. We're not talking anymore until your husband gets back, who signed the letter because you didn't.

Ms.M: Yeah.

FV: We'll get Carella Byrne on the phone and your lawyer on the phone.

Ms. M: Okay.

FV: It's a legal issue now. Let them discuss it.

Ms.M: How is it a legal issue? How is it a legal issue? You just told me we're trespassing. That's a criminal charge.

FV: You're telling us to-you're telling us to-Ms.M: That is a criminal charge.

FV: You're telling us (indiscernible). Let's get the lawyers on the phone. Very simple. Very simple.

Ms.M: And if your lawyer says bring a complaint did St. Theresa sign a Complaint?

FV: Very simple, let the lawyers decide ...

196. Later on, in the discussion, Father Vincent again states that they are

going to wait for the "lawyers to talk about it" before making any decisions about

whether the children can go back to school, again disturbingly using them as pawns,

during the following exchange:

FV: We're going to wait for the lawyers to talk about it. We're not making any decisions for your kids to go back to school until the lawyers talk.


197. Later on, Respondent, again states that she is here as the children's

mother and does not have a lawyer:

FV: And then it doesn't get anywhere. Maybe you can call your lawyer and see if she's available.

Ms.M: I'm not calling my lawyer because I don't have a lawyer in this matter.

FV: (Indiscernible) Carella Byrne

Ms.M: I'm here as my children's mother.


198. Shortly thereafter Respondent was asked to leave the room so Carella

Byrne could be called. She did so immediately at 8:33am and immediately went

outside to the front of the building to call her husband as instructed, because she did

not wish to upset her children any further by telling them that they were expelled.

199. Respondent was on the phone continuously until 8:42am. See Pertinent

portions of Verizon Bill, redacted, annexed hereto as Exhibit "HH".

200. In order to make this call, she needed to shut off the recording device

on her phone, which remained off until her husband returned to STS shortly before

9am.

· 201. Respondent remained outside, when sometime after 8:42am, everyone

present in the office, except Deacon Joe, joined her on the front stair, which is the

only access to enter STS once school is in session. Officer Kavarik also arrived

sometime around 8:49am according to the CAD report.

202. Respondent's children remained guarded inside by Officer Pickton, and

Respondent never entered the building again that day.

203. When Respondent's husband returned, he began getting into a

disagreement with Fr. Vincent about the lawsuit which he said was filed at the advice

of Dr. Dames (See Paragraph 126), and Respondent reactivated the recording for

about one minute before leaving.

204. Respondent's husband also began speaking to Fr. Joe, and Respondent

told him to stop it because Officer Pickton opened the front door to let S.P. and K.P.

out of the building and because Respondent thought the conversation was getting

unpleasant.

205. Immediately upon S.P. and K.P. exiting the building, Respondent turned

off her recorder and voluntarily left the property because K.P. was hysterically

crying and S.P. looked visibly upset. (Emphasis supplied).

206. Respondent was not escorted off the premises by anyone and left on her

own accord, despite the fact that the Kenilworth Police Department reports stated

otherwise.

207. In fact, Officer's Grady's report notes that the incident occurred and was

reported at 8:47am on February 2, 2017, and there is no question that he was already

present when Respondent arrived with her husband and children before 8 am that

morning. His report also says the children were expelled the day before---another

untruth.

208. The report further goes on to say that he walked back to the school

office and spoke to administration upon Respondent's arrival---again untrue, as STS

personnel (and Respondent) testified that the Police already were there.

209. Officer Grady, who was present in this meeting, also states in his report

that at the conclusion of the meeting school officials informed Respondent that she

was no longer welcome on the property-again untrue as Respondent was asked to

leave the room so Carella Byrne could be called, which is clearly stated by Fr. Vincent

on the tape:

FV: Leave the room for a second because we don't want ex parte communication ...

Respondent is no longer heard on the tape as the conversation ends and tape ends

at 8:33am, the same time her telephone log indicates she began making calls, the

first one to her husband. See Exhibit "II".

210. Officer Grady's report further indicates that the school administration

asked Mrs. Mullen numerous times to leave the property and then asked the police

to remove her, again entirely inconsistent with the tape where the only statement

Chief Zimmerman makes is that his department would not be signing a Complaint

and that they were there to keep the peace. See Paragraph 189. (Emphasis supplied).

211. The word "handcuffs" which the Police and the STS personnel repeatedly

testified that Respondent used, is not mentioned at all in Officer Grady's report.

212. Officer Grady then falsely states that he, Officer Pickton, Chief

Zimmerman, and Ptl Kaverik were finally able to remove Mrs. Mullen and her children

from the school, which is entirely inconsistent with the testimony of Fr. Joe. who

stated that he walked Respondent and her children outside, then Officer

Kaverik pulled up and that neither he nor Respondent and the children EVER WENT

BACK inside. (Emphasis supplied). See report of Officer Grady annexed as Exhibit

"JJ".

213. The following is the testimony from Fr. Joe on January 24, 2018, in this

regard:

Mr. Gillet: So, when you walked out, you said what you said to the

children-

Fr. Joe: Hm-Hmm And they walked out towards the front door of

the school, still with hesitancy, and then the patrol car pulled up

with Sean Kaverik.

Mr. Gillet: So, when you walked out and you said that to the kids-

Fr Joe: Hm-hmm. They were crying.

Mr. Gillet: Theresa was there. Right?

Fr. Joe: Yes. Hm-Hmm

Mr. Gillet: And then did all of you walk down the hall down

towards the front door?

Fr. Joe: Not the hall. we just walked out the front door. we

didn't go down to the back.

Mr. Gillet: So. you didn't spend anytime back outside the office.

you basically. after you talked to them. you all walked out the

front door?

Fr. Joe: Hm-Hmm. Yes. Yes.

Mr. Gillet: And once you got outside, you had some discussions with

Mr. Phillips and he was not pleased about what had occurred. Correct?

Fr. Joe: Yes. I even think its on the tape. Ms. Mullen told him to-

be quiet or whatever.


214. The CAD report indicates Officer Kaverik arrived at 8:47 and "removed

a disorderly person." That is directly contrary to the testimony given by Fr. Joe.

See CAD report annexed as Exhibit "KK".

215. This CAD report also indicates that Officer Kaverik was called by Officer

Pickton.

216. However, Chief Zimmerman, during this trial testified that he was the

person who called Officer Kaverik. Chief Zimmerman, also on January 24, 2018,

testified:

Mr. Gillet: And how did you contact a uniformed Officer?

CZ: Via radio

Mr. Gillet: And did you call to dispatch at Kenilworth?

CZ: I did.

Mr. Gillet: And did somebody eventually turn up from Kenilworth?

CZ: Yes.

Mr. Gillet: And who was that?

CZ: Officer Kaverik

217. However, contrary to Chief Zimmerman's testimony (and the

CAD report), Officer Kaverik testified he came to STS as a result of a direct

call from the Chief and not by dispatch. (Emphasis supplied). The following is

this exchange, which also took place on January 24, 2018:

Mr. Gillet: And were you sent there by dispatch or was it a direct call from the Chief: Do you recall?

Ptl. Kaverik: Direct call from the Chief.

218. Officer Kaverik also admitted that Respondent was already outside

before her husband arrived and refused to leave the premises while she was outside:

Mr. Gillet: Oh, she had already walked outside before captain-before

Phillips got there?

Ptl. Kaverik: Onto the stairs, but she refused to leave the property.

219. Yet, Fr. Joe during a hearing on August 8, 2017, upon questioning from

the attorney for Respondent's husband about the February 2, 2017, incident,

specifically testified:

Ms. McCrea: How many times do you recall on the front area that anybody told the Phillips to leave"

Fr. Joe: We didn't tell them in the front area. We said it over in the principal's office.

Ms. McCrea: So, they weren't-

Fr. Joe: They were already leaving.


220. This testimony of Fr. Joe about Respondent being repeatedly asked to

leave is in direct contravention to the 24: 11 uninterrupted recording wherein

Respondent is not asked to leave at any time by Father Joe, Chief Zimmerman,

Officer Grady or Deacon Joe after the initial statement was read. In fact, Fr. Vincent

repeatedly asked her and invited her to stay and wait for her husband to return in

the 24: 11 recording as quoted herein. (Emphasis supplied).

221. In fact, the only time Chief Zimmerman says anything on this tape is

what is recited in Paragraph 189 herein.

222. Officer Grady and Fr. Joe did not say anything at all in this meeting and

there is no question that the tape is the best evidence of exactly what transpired on

that day.

223. Officer Kaverik also testified during the criminal proceeding that: 1)

when he arrived he saw Respondent in the hallway between the office and the

gymnasium; 2) that she stated to him that she would not leave unless handcuffed;

and 3) that he had a conversation with Ms. Mullen in the hallway INSIDE THE

BUILDING near the gymnasium (an area where the assembly was taking place which

was completely shut-off to Respondent and her children as evidenced by the tape

recordings cited in Paragraph 189 and in direct contravention to Fr. Joe's testimony

that he walked her and the children out).

224. Nonetheless, Officer Kaverik, admitted that this statement he attributed

to Respondent, for the first time at trial. was not contained in his report. The

following exchange took place:

Mr. Kologi: I am asking you to look at your report. Do you see any reference in there to any statement by Mullen about, you have to handcuff me, I'm not leaving, anything like that?

Ptl. Kaverik: No.

Mr. Kologi: Okay. Why isn't something like that in the report if its significant in the context of a case like this?

Ptl. Kaverik: I guess that day I didn't feel like it was significant.


225. Fr. Joe was also asked why charges were not brought against

Respondent's husband. He responded because he was outside already, despite the

fact that he acknowledged that Deacon Joe had invited her in the building in his very

own Certification, Paragraph 13:

Ms. McCrea: Is there a reason why you chose not to file the Complaint against Mr. Philips?

Fr. Joe: Because he was outside already. He never went into the building (which the 24:11 video shows otherwise).

Ms. McCrea: So, it's only because Ms. Mullen was inside the building that you-

Fr. Joe: Exactly, yeah. That's the only reason, because Mr. Phillips was in the back, and he went out to take his son. When he came, Mrs. Phillips was outside already. And that would have to be checked with the police department then exactly when, because I was there the same day. They sent the police car, took me over there and I signed it right away.

Ms. McCrea: And if you look at paragraph number 13 of your certification, which you just gave me back ...

Paragraph 13 says: Deacon Joe in an effort to diffuse the situation asked Ms. Mullen and the children if they would like to continue their conversation in the office. So, he actually invited her in did he not?

Fr. Joe: Well I said that in the beginning.

226. Fr. Joe also said during this August 8, 2017, testimony and in

Paragraphs 3-5 of his Certification that the police were called after he received an

anonymous telephone call in the rectory advising that the press would be at STS.

227. However, in his testimony during the criminal proceeding on January

24, 2018, less than 6 months later, Fr. Joe's testimony was markedly different as to

when he initially contacted the police department, testifying that he contacted the

Police Chief on his cellphone (not a recorded line) and told him that the children were

expelled (when they were not, or if they were Respondent and her husband certainly

were not told):

Mr. Gillet: ... [A]nd did you call anyone else on knowing that this letter existed?

Fr. Joe: Yes I did.

Mr. Gillet: And who was that?

Fr. Joe: On my way down I just called the police chief, because we have a good working relationship. Its such·a small community, and I told him that I was coming back on my day off, and I-the children are being expelled, and I just don't know what's going to happen tomorrow ...

228. S.P. and K.P. were invited to return to STS in January 2017, even after

this lawsuit was pending. See January 2017, invitation annexed as Exhibit "LL".

229. Nothing happened between the last trial court date and the February 1,

2017, letter other than the Appellate Division accepting the basketball issue on an

emergent basis.

230. It is clear that Respondent left the premises voluntarily, yet criminal

charges against her were brought anyway for defiant trespass for being at Defendant

STS on February 2, 2017 in retaliation for the lawsuit and despite the fact that she

left the premises voluntarily in order to gain leverage in a civil lawsuit, a tactic which

may well run afoul of acceptable ethical standards of conduct.

231. Specifically, the attorney for the Archdiocese and STS, stated on the

record on July 20, 2017, in the criminal matter:

" ... as a question of unilaterally dismissing this claim, this charge, the answer is no."

See pertinent portion of July 20, 2017, transcript annexed as Exhibit "MM".

232. No counter charge was brought by Respondent against anyone

connected with STS.

233. Respondent also was presented with a Release to sign in exchange for

the dismissal of the pending charge, in which Respondent had to agree to waive rights

of her husband and her children and which was to be signed by Msgr. Nydegger on

behalf of the Archdiocese and STS, who were Defendants in the civil litigation and

NOT Fr. Joe, who brought the Complaint, again another flirtation with ethical

propriety.

234. Respondent refused. See Release annexed hereto as Exhibit "NN".

235. As Respondent conveyed to Judge Rivas, her children are not bargaining

chips.

236. No child who is abused, harassed, bullied or intimidated should be used

as a litigation pawn in such a manner. The intent of the Release was clear---and

silencing S.P. and Respondent was the goal. No mother should ever be placed in that

position.

237. The expulsion of the children also was the subject of an emergent

appeal, which was accepted by the Appellate Division. See February 3, 2017, Order

annexed as Exhibit "00".

238. The expulsion was later rescinded by Cardinal Tobin while this appeal

was pending, but the charge remained.

239. The Archdiocese and STS published the expulsion of S.P. and K.P. by

giving a Press Release to every STS student to take home at the end of the STS day

on February 2, 2017.

240. Additional Press Releases demeaning Respondent's family dated March

22, 2017, June 29, 2017, June 30, 2017 and August 14, 2017 were published by the

Archdiocese and STS.

241. These Press Releases were also published and remain on Defendant

Archdiocese website and/or were at various times published in the newspaper, placed

in STS student backpacks, were placed on STS Church walls and published in STS

Church bulletins by Defendants;

242. Respondent and her husband, B.P. and especially S.P. and K.P. had to

regularly attend STS/Church functions, including serving mass as altar servers with

a Press Release disparaging and humiliating their family on the CHURCH walls and in

Church bulletins.

243. B.P. discovered the March 22, 2017, Press Release hanging on the

sacred Church walls, while serving mass and sent a picture of it to Respondent and

her husband. See picture forwarded by B.P. annexed as Exhibit "PP".

244. The June 29, 2017, and June 30, 2017, Press Releases were placed in

the Church bulletin for all those who attended weekly Mass to see, while the March

22, 2017, Press Release remained on the wall. See actual bulletin annexed as Exhibit

"QQ".

245. All of the actions as recited were done to intimidate, bully, harass,

shame, humiliate embarrass and/or to silence Respondent and her family and were

retaliatory.

246. On or about February 14, 2017, certain STS Parents and Students

started an on-line Petition against Plaintiff, including the minor children, which used

the STS logo and contains false facts about Plaintiff and his family, and which makes

numerous disparaging remarks and denials of inappropriate conduct including

bullying. (Emphasis supplied).

247. This Petition, among other things, states that S.P. is "jealous and intolerant".

248. The Petition also states that it is supported by the STS faculty;

Commenters and Supporters of this Petition have written false facts and commenters

including the wife of the current Police Chief and Policemen (and at least

one spouse} who currently serve on the force. and at least one commenter is a

Police Officer who was called to STS for the February 19, 2017 basketball game, the

first in which S.P. was allowed to play. (Emphasis supplied).

249. Police Officers are supposed to protect children, not be part of

cyberbullying. None of these Officers, nor the Police Chief and his wife had children

at STS.

250. On February 21, 2017, these STS Parents and Students elected to "Keep

this Going" (the Petition) and referenced posts on NJ.com.

251. There are numerous posts in the comments section to which these

Petitioners refer on NJ.com and of which Plaintiff including the minor children are

aware, wherein individuals using anonymous handles post repeated false facts and

disparaging remarks about Plaintiff, including the minor children and Respondent all

in the continued effort to bully, shame, harass, intimidate, humiliate and embarrass

them. See Petition with comment by various Police Officers, and spouses and the

Chief's wife annexed as Exhibit "RR".

252. Respondent privately wrote to Deacon Joe and later Cardinal Tobin

about this Petition, its false contents, and the "Keep it Going" addition which

reference comments on NJ.com. STS has not disavowed the petition, nor were those

involved removed from STS.

253. Other parents also contacted Deacon Joe about this Petition. Nothing

was done, and it remains on line. See correspondence from Respondent to Deacon

Joe about this Petition and from another parent, annexed as Exhibit "SS".

254. On February 23, 2017, Respondent wrote a private letter to Cardinal

Tobin, who had rescinded the expulsion, in another effort to stop the revictimization

of S.P. and her family.

255. This letter was hand-delivered, and Respondent never received a

response. See letter with attachments annexed as Exhibit "TT".

256. Cardinal Tobin, during the August 2017, letter, denied receiving it but

there is no question that he was aware in August of this letter.

257. After receiving no response and with the continued intimidation,

bullying, and harassing behavior continuing, especially of S.P., Respondent and her

husband sought to amend the Complaint to add those who signed the bullying Petition

and who made the cyberbullying Facebook comments. See other Facebook

comments referring to Respondent and her family as "douchebags and assholes" and

from AD Bui's wife mentioning Respondent's volunteering to judge a mock trial team

every year since she has been a judge in a disparaging manner, annexed as Exhibit

"UU".

258. On July 10, 2017, Respondent's husband received a letter from the

Kenilworth P.B.A., an organization for which he once served as President, indicating

that a Judiciary Committee request was made.

259. The only conduct by Respondent's husband was seeking to name the

offending Officers who signed this Petition bullying his daughter in the lawsuit. See

July 10, 2017, letter annexed as Exhibit "VV".

260. On February 16, 2017, the Archdiocese called a meeting of all parents

of STS students at STS to discuss "issues" (the initial lawsuit) where the police were

called for the second time, once Respondent and his wife arrived, which specifically

targeted Respondent and her family in a continued effort to intimidate, bully, harass,

shame, humiliate and/or embarrass them.

261. At this meeting and on other occasions thereafter Respondent learned

that STS parents, STS faculty and others had been publishing and posting false,

misleading and derogatory comments on various social media sites, including Face

Book about them, including the minor S.P.

262. These published comments are defamatory and/or slanderous and are

meant to disparage, intimidate, bully, shame, humiliate, embarrass and harass

Plaintiff, his children and Respondent.

263. Most, if not all of these comments were given to Deacon Joe, and to

Cardinal Tobin by Respondent, her husband and by other STS parents.

264. S.P. was also given many of these comment by her classmates since

these were public posts.

265. S.P. was called, among other things, a "MONKEY DICK" and a POS (piece

of shit) told to shut your "PIE HOLE" in a public Face Book post between a STS faculty

member, Mary Ferris, who had a son in S.P.'s class about whom S.P. had complained

was part of the sexual harassment. and another woman, whom neither S.P. nor

Respondent knows. This post, in pertinent part says:

"WOW. You go boys. I hope you play awesome. As for the P.O.S. Sit you ass down and shut you pie hole. MONKEY DICK."

See Facebook Post attached as Exhibit "WW". S.P. was 13 years old.

266. On or about February 17, 2017, and after the expulsion was rescinded,

the Court ruled that S.P. had the settled legal right to play basketball. On February

19, 2017, while she was on the court, this post was made.

267. The Police were called to both games in which S.P. played (in the playoff

game she was the high scorer) in a continued effort to silence Respondent and her

family.

268. The Court found that S.P. had the settled right to play basketball after

initially denying her for two reasons: 1) because contrary to the false Certification

submitted by CYO Director Donovan, who said Respondent should be "whipped and

chased out," for asking that S.P. play basketball on the boy's team, it was discovered

that 2 girls were playing basketball at St. John's a neighboring school in Clark (also

part of the CYO league), based on an article written by the Star Ledger; and 2)

contrary to the false Certification submitted by AD Bui on December 19, 2016, about

S.P.'s application being rejected because it was "drastically" late, it was discovered

that AD Bui had accepted 2 applications of STS boys on November 15, and November

17, 2016. See Newspaper Article and Certification of Mark Bergamotto, one of these

boy's fathers, annexed as Exhibit "XX".

269. S.P. and K.P. registered for the 2017-2018 school year as invited to do

by STS.

270. The registration application was rejected by STS by letter dated April 7,

2017, and received by Respondent's husband on April 11, 2017, stating, in pertinent

part: "Your registration is being returned to you pursuant to the letter which you

have received most recently by certified mail.

271. The letter in question, dated April 3, 2017, was sent by the Archdiocese

(again not STS, who had invited them to return) and was addressed to "Judge

Mullen," months after this lawsuit was pending.

272. This letter refers to the Mission Statement in the STS Handbook and

states in pertinent part: "Actions and events initiated by you over the last several

months have directly interfered with the fulfillment of this Mission, not only for St.

Theresa's School, but also for many of its administration, staff, students, and

parents."

273. No specific actions were described.

274. The only actions taken by Respondent's husband was to file a lawsuit

and thereafter by Respondent (after her private efforts were ignored for the 7th time)

and her husband to seek to amend this Complaint when nothing was done about the

continued bullying, harassment, intimidation cyber bullying that S.P. had asked her

parents to make stop.

275. S.P. and K.P. did not violate any provision in the STS Handbook.

276. No violation of the Mission Statement was alleged by the Archdiocese

with respect to: 1) the false swearing of AD Bui and/or CYO Director Donovan; 2)

with respect to the "whipped and chased out" statement made by CYO Director

Donovan about Respondent, who had children at STS at that time; 3) against anyone

who cyber bullied S.P. and her family by virtue of the Petition which used the STS

logo; 4) against any STS faculty who bullied S.P. via Face Book; or 5) against the

Home School Association President, who called Cardinal Tobin a "politician who hides

behind a cross, when the expulsion was rescinded against S.P. and K.P.. See Face

Book post against Cardinal annexed hereto as Exhibit "YY".

277. The March 22, 2017, Press Release remained on the Church walls

through the end of the school year.

278. STS did not formally reject S.P. or K.P.'s application until by letter dated

July 11, 2017, when directed by the Court to do so. See STS rejection letter annexed

as Exhibit "ZZ".

279. In or about July 2017, the attorneys for the Archdiocese and STS

produced unauthenticated letters dated in February 2017, that neither Respondent

nor her husband ever saw in advance of the mission statement violation letter

regarding the 2nd expulsion of S.P. and K.P.

280. The trial court sealed these letters and ruled that there was to be no

cross-examination by Plaintiff of any of the authors of these letters. See trial court

Orders annexed as Exhibit "AAA".

281. These letters were largely from the parents of the 7th grade boys and/or

their relatives who mercilessly continued to bully S.P. for reporting the sexually

inappropriate behavior, the subsequent unrelenting bullying by boys and their

parents, the threats of violence and the continued harassment and cyber bullying.

282. It is unknown how the ACJC obtained these letters as they were sealed

by the Court.

283. S.P. and K.P. were not permitted to return to school at STS and the

criminal trial was held in January after Respondent refused to sign the Release, as

identified herein, wherein her children were used as bargaining chips by counsel for

the Archdiocese and STS.

284. Respondent has painstakingly detailed the history of this matter in order

to place into proper context the petty disorderly persons offense of which she was

found guilty which conviction is the subject of a pending motion for a new trial and

which will be the subject of an appeal if the pending motion for a new trial is denied.

285. Respondent believes that there is a reasonable likelihood that her

motion for a new trial will be granted in light of the factual recitation set forth

hereinabove, and because of the pending motion and the certainty of an appeal in

the event that her motion for a new trial is denied, Respondent respectfully requests

pursuant to R.2: 15-8(f) that this matter be dismissed at this time and respectfully

suggests that the cited Rule mandates a dismissal of the pending complaint.

286. In the event that the Committee determines to proceed with this matter,

notwithstanding the cited Rule, then Respondent requests discovery, and an informal

conference pursuant to the provision of R. 2: 15-11 and/or a formal hearing on the

pending charges and/or mitigation thereof.

287. Respondent reserves the right to supplement her answer after review of

discovery, and/or additional transcripts not yet available.

Dated: July 6, 2018

Respectfully submitted,

Londa & Londa, Esqs. Attorneys for Respondent Theresa E. Mullen, Judge of the Superior Court

By ~ ~p<s aymcrnd S. Londa

- - -~--- -- - -

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EXHIBIT C

Mrs. Duffy came in. She gave each student a piece of paper and told us to write down on a piece of paper the first emotion we felt when we woke up in the morning. She then told us that "the voices in the back of our head" made us feel that way. That then proceeded into a discussion about "how we have control over who made us angry, upset, etc. We could also choose to feel good and create a positive environment." She said a positive environment started with forgiving others, because the past is behind us and we should start on a clean slate . ., then raised her hand and asked how we could forgive people when they'll just do it again? Mrs. Duffy told her that she was just making a "negative assumption."~ then said that she knew the person who's been doing this, and they wouldn't stop. Mrs. Duffy said she was "making up a story." She then addressed the class directly and told people to raise their hands if they would "get on board with her to stop gossiping, spread lies, and start forgiving

others. Some people raised their hands, some people did not. (••1111ia••••• .. •l She told the people who did raise their hands to "change the negative ways of the people with their hands down." S,._, said she was standing up for herself and her friends. Mrs. Duffy asked her what standing up for herself meant and S.,..., said it meant defending herself. Mrs. Duffy said that she shouldn't have to be defensive and that S,,.._ was wrong and she didn't want to admit it. S,,.._,. said that she would admit if she was wrong, but Mrs. Duffy said that she wasn't telling the truth. (She then started talking to .,_but I didn't really pay attention to that) fw. raised her hand and asked why she should have to forgive someone else for defending her friend. Mrs. Duffy went into a discussion about insanity and said that it meant "repeating something over and over again much like you~) are doing." i_, then said that "every time she has tried to forgive the person doing wrong things, they continue to repeat it, and technically that's what you just said." Mrs. Duffy said "it's this kind of animosity why wars are going on, why people are killing each other." """started crying, and Mrs. Duffy continued to yell and say that i-. should forgive. She said that "the fact that ~was crying was because she wanted to forgive and get on board with her.",-- said that the reason why she was upset was because she wanted to stand up for her friends. I raised my hand and asked Mrs. Duffy why we should forgive if others aren't sorry. She said I was "making up a story." She went back to yelling a~ again, that's when I started (unknowingly) scratching myself and - cried out and said I was bleeding. (I wasn't I was just extre_mely angryl_M_rs._Duffy sa_id_that I made myse_lf angry b~ca_u_s_<e_of rn~_O_WilDegati\(ity._She told_ the people who were "on board" with her to raise their hands again ! 1· ; I I • ;, ! ; 13.; ti&.,

Ir I 21) 21113 ; ( I ( BS ( ?) Jnd told them to once again spread their positivity to us who did not raise our hands, because we were part of the problem by gossiping and spreading rumors. She then turned to the people who didn't raise their hand and asked us ifwe were killed tomorrow, would we be proud of what we're doing today?~ said y•, Mrs. Duffy started yelling at her, saying that she was spreading lies. s.,..._said that she was standing up for herself and her friends, and that she took it to the authorities and nothing was happening. Mrs. Duffy then told her that it was out of her hands. I said that nothing was happening. Mrs. Duffy asked me "what do you think should happen? More spreading lies?" I told her that a proper punishment should be ordered. (suspension, expulsion, etc.) She said that punishments obviously weren't working so I had to "get on board with her" and forgive. At this point I tuned out because I was angry and her words weren't making any sense. NJHS had to go practice for the Mass and when we came back, she was talking to .... who was upset and --who was crying. This apparently will make our class "change for the better."

-- ---- -- - ··- --- ------- - - ----- - -- -- - -

EXHIBITD

Today Ms. Duffy came in and talked to us. I was not really sure about what though. She started

off and gave us a piece of paper. On that paper she said to write down what we felt in the

morning. Everyone wrote it down and then said what we were feeling. Then Ms. Duffy said that

it's the "voices in the back of your head." Then we went on to discuss about how we can control

what made us feel happy or sad or mad, etc. Then she said that you should never have a

negative personality. I agreed until i-. said that what happens if someone died would you be

happy. Ms. Duffy said Yes you would because its how the human body works. Then I said " You

just said that we can control how we feel so that does not make any sense." She then followed

" Some things are just like that." Then Ms. Duffy went on and started to talk about starting on a

clean page forgive and forget,llllilll then asked how do you forget if someone has do it over

and over and over again? Ms. Duffy then said then you need to go to the r authorities. I then

said that we did and nothing has happened and that this person keeps doing it. She then starts

a conversation about how we need to make a change in your lives. ,__ and I both said we did

and we will keep doing it. Then Ms. Duffy said that if we died tomorrow would you be proud of

yourselves? I said "Yes I would in fact it would be very proud and I know my parents would be

proud too because they know I did the right thing." I then told her that i am proud because i

stood up for myself and my friends. Then Ms. Duffy said something about ,._ making up

stories and ~ began to cry. I stood up and walked right over to ~ and comforted her.

Once I went over-., soon followed. Ms. Duffy then asked me and i-. if we were willing to

change. We said no because you are not making any sense to me. She then said well I don't

want to talk to you anymore. She made me and --go back to our seats while my very good

friend was crying. I sat back down. Ms. Duffy then said if this person was given a punishment

would you be exited? I then said I would be very excited because I know that when walks back

i~nto the classroo~ I m~ht ~ee ~another persoJ1~ trn1w 'sosajJI~ SJ>methirig Qlltl do not knowit word for word so you will have to ask him. At the end she said one last time so who is with me?

, and I did not raise our hands and left it like that. I had to go to

a NJHS meeting. When I came back were both crying.

s,. 6 5-18-16

EXHIBITE

. THERESA E. MULLEN

s.:111 I ; t I i a .......... June 6, 2016

Via Hand Delivery and Via Facsimile (973) 497-4249 Dr. Margaret Drunes, Ed.D. Office of the Superintendent of Schools 171 Clifton Avenue Newark, NJ 07104-0500

Dear Dr. Drunes:

' i I

Ii Ji ,;

!

I run the mother of three (3) children who currently attend St. Theresa School (S ,S) in Kenilworth, NewJersey,B~fourteen(l4), s-., twelve(l2)andK .. , ten(I0). B · who has been at the school for ten (I 0) years, since Pre-K 4, will be graduating tomorrow evenin j Sg I g '1as been at STS for eight (8) years, also since Pre-K 4 and K .. for seven years be 1use Pre-K 3 was available when she began school. i

! Page 12 of the current STS Handbook, states in pertinent part: ,,

"Harassment occurs then, when one person makes repeated verbal, written: p I tsical,. or internet contact with another person who does not want these contacts. Bullying is a particular type of harassment that generally involves some force, whether overt or subtle." ,

I "Bullying/Cyber Bullying/Social Networking Behaviors are described but n limited to the 6 categories-listed. All bullying behaviors are considered a se,.mre-offense. "-

The 6 categories listed are:

1) Physical Aggression, which includes:

2)

Physical acts that are demeaning and humiliating

Social Alienation, which includes: ,

Setting up another student/adult to look foolish or to em J

Setting up to take blame Publicly humiliating Rumor spreading

3) Written/Verbal Aggression

1

ass

4) Intimidation 5) Sexual Harassment, which includes:

Inappropriate remarks, gestures, sounds Physical acts that are degrading/demeaning

And

6) Racial or Ethnic Harassment. '

Unfortunately, due to what can only be described as a very disturbing patteJ1 of behavior, my

husband and I have been at STS for scheduled appointments more times in the past 3 months than in the entire 10 years that my ~on has bee~ attending school. This behavior, whicH ~nitially ~nvolved students at STS was negatively affi-ectmg my daughter Syd 4. However, dul1/to the disturbing conduct and behavior of STS faculty and the school principal, 'ig I ) has been~e-victimized and now my son ~ has also been negatively affected.

I am writing this letter as a result of the series of events which have occurred o ,er these past few months, the last of which took place this past Friday at STS, June 3, 2016. A briefisummary of these events follows in the paragraphs below due to time constraints with gradu~tion taking place

i tomorrow. ! ' I

On March 14, 2016 I made an urgent appointment with Sr. Helene, the schof.'l principal, for 2 reasons. The first reason was because I learned on the evening of March 11, 2016-, er a Mother-Son dance at STS that an 8th grade female student received a picture of a gun fro a male Brearley student who was frequenting STS property after school. My husband, who is a retired police captain in Kenilworth, had just recently asked these students to leave STS property tjecause they were causing a disturbance. Immediately alarmed and concerned, I asked the STS s:l~ent from whom I learned about the picture to send it to me. !

--- I ~orwarde~t~is picture.~111y_ husband and asked him to report the incident to I poli~e, which he did tlie followmg mommg. Because I was-concerned forthe safetyofthe·S'fS·co uruty,-I showed -Sr. Helene this picture at the March 14, 2016 meeting and told her what I had le ed. I asked my

- husband to tell Fr. Joe, the pastor of St. Theresa Church, about this incident, whi~1- he- did that same

day. - -

The second reason for the meeting was that my daughter S~ told me on Marq 12, 2016 that two boys in her class were making sexually inappropriate gestures, including what c~ best be described as humping and gyrating on desks in class when the teacher, Sr. Juliett had her b~J'k turned. She also said that they were saying sexually inappropriate things. _ i

I S~ conveyed that she reported these incidents to Sr. Juliet! on several occaJ1ons and Sr. Juliet! told her that she would take care ofit, but that the boys were still doing it. On M/J-ch 12, 2016 I also learned from another mother that these boys were also saying sexually inapprd~riate things and I

I

wanted to make sure Sr. Helene was aware of this behavior and would take thejJppropriate action. - - /I

This sexually inappropriate behavior did not cease and my daughter then repeat]' ly requested of Sr. Juliet! to speak to Sr. Helene, directly. These requests were denied. I

! '

2

On May 9, 2016, one of these boys told a female student to "suck his d***" in Jbother class. My daughter asked to see the principal, along with 2 other girls and the teacher let th¢jn go. They were told they had to make an appointment and were made to wait for almost an ho~r- This student's mother is also an employee of the school. l

What ensu~d after this report was made was this employee staring my daughter J, wn in recess in a clear intimidation attempt, a smear campaign against her stating that she was a tij~uble-maker, that the girls in the class had an active imagination, that these girls were liars and so mµ,ch more. Most of this occurred on school premises and can only be characterized as classic re~'victimization and intimidation by faculty. :

i Shortly thereafter my daughter and two other students reported another incident t · / Sr. Helene where the word "rape' was used by one of these students. j

i !

Many parents, outraged, made appointments, including my husband and me, with . .r. Helene because nothing was being done to stop this behavior that had been going on for mon : 's and which was making students uncomfortable. I

' r

On May 18, 2016, Ms. Duffy, who I believe is a part-time substitute employee, 'as brought in as a guest speaker for the class. She basically re-victimized, harassed and intimidated 1he girls who came forward and attempted to make them feel guilty. One of these girls was even 7tde to cry.

Outraged that the classic unacceptable re-victimization behavior was continuiµg I made another appointment with Sr. Helene. I also expressed my dissatisfaction that Sr. Juliett {4iled to address the sexually inappropriate behavior and also refused to let my daughter report it to rre principal.

To make things worse, the re-victimization and intimidation did not stop. // I'

On May 20, 2016 s:,ai,,. was re-victimized again by another faculty member1· was told that she was the problem in a class and that other teachers thought so.

On May-2;,-;0 I 6 Ilogge~;n;o:er Schoo Ito view my c~ildren's g~ade~. S . 's grade~ f~r the . trimester were the worst in 8 years. Equally as disturbing was a 74 that J-.l 'received from "Sr. Juliett in literature, ';¥hich was his worst grade ever. lililatold me he had not ev n received the test grade yet.

I immediately wrote to Sr. Juliett, who admitted that she had not distributed th test results.

Another appointment made and back at school on May 23, 2016 for the May, 0, 2016 incident. Once again I expressed this "re-victimization" behavior and was told that it was , '"coincidence" that S)9111t' was called out in class and made an example. Ironically enough, I !famed during this meeting that S.-.Y had told this teacher the week before that she did not ,¥1t to sit next to a classmate, the same classmate who said "suck my d***" and the same classinate who had been gyrating and who was exhibiting sexually inappropriate behavior. !

!

3

B• received the test back. There were several red check marks indicating acce I fable answers and

one comment that not enough "words' from the story were used. Nothing els ion a completely subjective test except for 5 definition questions which were entirely correct. l I reviewed the story and could ncit explain the poor grade to him. B ... went to r. Juliett and the test grade stood. The following week he took the Final Exam. His grade ~s perfect on the objective part of the exam, but again points were taken off in the subjective part./ /B .... went to Sr. Juliett and she would not change the grade. I am not permitted to see the Final ~xam.

Since B....tlas been at STS he has been an exceptional student. To put thing!linto perspective, during one of his high school entrance exams he was given an IQ test and he td:hed at the genius level. He was accepted into every high school to which he applied, received perff l't scores on many sections of these tests and received about 25% of the entire scholarship monies awlu-ded to his entire class of28 students. Specifically, he received $108,000 from four schools out dfthe approximate $406,000 awarded in total. He has earned First Honors every year and was the oh/Iy STS student to win an award in a core subject, (with the exception of Religion) at the Scbblastic Olympics (Mathematics). I had no doubt that he might be the class valedictorian and hav~ ~o doubt that this was a well knoWn fact at STS for years, as teachers and parents had expresse , to me he was the smartest child in the school, even before he was in 8th grade. '

Because I was concerned that B_,s recent subjective grades from Sr. Juliett co )d affect his class standing, my husband met with Sr. Helene on May 31, 2016, expressed our con,' m and requested that before the valedictorian was armounced that we be notified so that we could t e the appropriate steps if it were not B-. I thought this was the best way possible to approach e situation and if B._.was not the valedictorian, I could verify this with the figures and explain tijs to him. I could also determine what impact the recent subjective grades had on the final comput)itions.

l

Sr. Helene agreed to notify my husband in advance. i ' i I

Sr. Helene did not keep her word and armounced the valedictorian and salutatoqJn to B-'s class this past Friday, June 3, 2016 BEFORE she called my husband. B• was nof ~he valedictorian .

... Mflmsbandwasundeisfandably upset and requestea another meeting. Heccmldrlj1otoeltevethatSr. Helene lied and expressed his dissatisfaction with her over the telephqne. He th~f proceedec:I to the school to schedule the meeting and to pick-up the children because there waslt school half-day. When he arrived the Police were there waiting for him because Sr. Helene had fflled them.

I was at work when all of this occurred and requested an immediate meeting, Jjth Sr. Helene and Ms. Pakulski, who computed the class rankings. During this meeting Sr. Helbhe could offer no explanation why she failed to keep her word. I requested specifics about the nJ$Jerical difference between valedictorian and salutatorian. However no information was providedlto me other than it was by less than one point and that if you took Sr. Juliett's class out of the mix, Btstill wou.ld not have won, a rather "rehearsed" answer without any figures to back it up. I ~as also handed a numerical sheet with l3llil,iiils alleged final averages without any back-up. I

It is apparent why Sr. Helene did not keep her word---because a challenge now lo1

s like sour grapes to the child that was announced as valedictorian. There is also no doubt that: the timing of the announcement was carefully plarmed as it was armounced on Friday. With ST1 I.being closed until today and graduation being tomorrow, there is little time to be heard. !

i

4

There is no doubt what has happened here is classic re-victimization, intimidatidn and retaliation. First against a child who had the courage to come forward and report compltjtb!y inappropriate sexual behavior and now against a child who has had a stellar academic record ~or JO years. And finally a call to the Police against a parent who dared to question a STS Principal# to why she failed to keep her word. ii

ii

This pattern of behavior which has also resulted in "protecting one's o4" is completely unacceptable and I will not and cannot in good conscience allow this to contim¥

It is unfortunate that I am left with no other alternative but to write this letter. I dd ~o reluctantly and with a heavy heart. I was married at St. Theresa, all of my children were baptized ~here and my first job out of!aw school was with the Archdiocese ofNewark. However I have 3 chill&ren in this school who have never been a behavioral or academic problem. All have been on ill¢ Honor Roll and S)'llilw and B--.are members of the Junior National Honor Society. I do not /tant K~ who has not yet been negatively affected, to be victimized. ·;

I have tried repeatedly to speak to those in authority at STS to no avail and re victimization, retaliation and intimidation continues. f

I

By way of this letter I am requesting an immediate meeting with the Archdiocestj efore graduation tomorrow evening. I am also requesting the written policy of how the valedictotjan/salutatorian is computed be provided to me, including how the Advanced Math class is weigifed, together with exactly how it was calculated this year with back-up figures so that I can cp;nfirm that it was accurately done. At least then I can give my son, who is clearly upset, the closµre that he needs. There is no question that I have had mathematical discrepancies in the past ' ich needed to be corrected.

I am also putting STS and the Archdiocese on notice to preserve all of these req ested materials in the event that they are not voluntarily given to me.

··sincetime is of·th,n$sence· here~I-have·not gone into greater detail-of how ,porly·the sexually inappropriate behavior was addressed. l ! · . I, There is no doubt that those in authority STS violated the very provisions of it~I Handbook which address harassment and bullying with respect to my family and those students wh 'were harassed for the reasons stated herein.

I I ask that the Archdiocese immediately schedule the meeting requested and t ~t these issues be addressed as this pattern can not be allowed to continue. !

,1 truly you~' h

cc: Sr. Patricia Butler, SC Sr. Helene Godin, FMA Fr. Joseph Bejgrowicz

5

i!t).,JA ·· ., l!Ld THERESA E. · ur:r.: .,...i-<,·L

! .

EXHIBIT F

THERESA E. MULLEN

Via Facsimile (973) 497-4249 Sr. Patricia Butler, SC Office of the Superintendent of Schools 171 Clifton Avenue Newark, NJ 07104-0500

June 8, 2016

Dear Sr. Butler: i

This letter will confirm our conversation yesterday wherein I declined your suggJ~tion that I contact SIS to make an appointment with Sr. Helene, Ms. Pakulski, myself and .!3aiaa. 11~is letter is limited to the valedictorian issue. · 1!

. I As I stated in my June 6, 2016 letter, I have tried repeatedly to speak to those in µthority at SIS to no avail and the victimization, retaliation and intimidation continues. I will nd hHow Baa to be subjected to this continued conduct and without the information I requested, B .. would not have gotten the closure that he deserved and the closure that was promised before 11

,'. Helene chose to renege on her word. i

There is no question that Sr. Helene did not keep her word. That is precisely 1 ~y I requested an

immediate meeting with the Archdiocese before graduation which was not grild .

.. . . At the.meeting_.which_b_o_th my busband __ and I.attended with Sr. Helene,_ s.H_e __ coµlq_o_ffer_ no explanation why she failed to keep her word. When I requested specifics a~~ut the numerical difference between valedictorian and salutatorian no specifics were given to me Jther than it was by less than one point and that if you took Sr. Juliett's class out of the mix, B.-.siJII would not have won. As previously noted, I found this response to be a rather "rehearsed" ~swer without any figures to back it up and I was also handed a numerical sheet with Blillli, s all4~ed final averages without any back-up. ll Last year I was told that the valedictorian was decided by .01 of a point, makin~lit clear that exact results were not secret at SIS and that they were disclosed in past years. This nuHierical result from last year was confirmed at the meeting with Sr. Helene and Ms. Pakulski, yet I still was not given the information I requested, which begs the question---why not if there is nothirlk to hide, that Sr. Juliett's grades did not have an impact and that STS is certain that there were no , · i~calculations and that the results are accurate?

There is no doubt in my mind why Sr. Helene did not keep her word---becau, a challenge now looks like sour grapes to the child that was announced as valedictorian. There H also no doubt that

!1 ::

the timing of the announcement was carefully planned as it was announced on F~ipay leaving B• without the opportunity for closure before graduation. This conduct is wrong on[ $0 many levels for the reasons I previously expressed resulting in B..., graduating yesterday witho~t the answers that were promised by STS. '

l i Yet despite the fact that the conduct of STS is a clear attempt to cast me in an utlfavorable light for challenging the determination, I can not allow this bullying, re-victimization ~~d intimidation to continue. Again I ask, if there is nothing to hide artd the information used to ¢~lculate is readily accessible---why is it being withheld? / :

I! i I

The pattern of behavior and conduct already described is deplorable and I am ilht abandoning my requests despite the fact that graduation is over without my child getting the clos¥e that he deserved before graduation took place, a closure that was promised by Sr. Helene. ' 1

; i i l

Before the valedictorian was announced, I wanted to be notified so that ive could take the appropriate steps if it were not .a.t. There is no question that this was the bHt way possible to approach the situation because it would have allowed me to verify the figures an<!Iito determine what impact the recent subjective grades had on the final computations. If STS wer~ tight, I could have explained everything to Blia before graduation. STS purposefully, despite l~~s promise to the contrary, wrongfully deprived me of this opportunity and there is no plausible ~jcplanation why.

Ii Once again I am requesting the written policy of how the valedictorian/salutato~jan is computed be provided to me, including how the Advanced Math class is weighted, together n'ith exactly how it was calculated this year with back-up figures so that I can confirm that it was ]: 'curately done. At least then I can give my son, who is still clearly upset, the closure that he needs. !here is no question that I have had mathematical discrepancies in the past which needed to be corr. /;;ted.

ij .

/1 This pattern of behavior which has also resulted in "protecting one's own" conflnues.

,! If the Archdiocese refuses to give me this information, I remind STS and the Arcjljtdiocese by way of this letter that both have been put on notice to preserve all of these requested m~terials in the event

-tnartlreyare not·votuntarily-giveni:o me· and-that-additional action needs to be J~ken; - ·-

. lj There is no doubt that those in authority STS violated the very provisions of it~ Handbook which address harassment and bullying with respect to my family and those students wl~ were harassed for the reasons stated previously and herein. /

i I ask that the Archdiocese immediately schedule the meeting requested and Pfpvide me with the information I requested so that these issues be addressed as this pattern can! !not be allowed to

continue. ~1 ~1/J. / ! 1. -. uly yours

1 /: i'

- H{(f/s~ ~L -~' ~z cc: Dr. Margaret Dames, Ed.D.

Sr. Helene Godin, FMA Fr. Joseph Bejgrowicz

2

EXHIBITG

THERESA E. MULLEN

Via Facsimile (973) 497-4249 Dr. Margaret Dames, Ed.D.

s

Office of the Superintendent of Schools ·171 Clifton Avenue Newark, NJ 07104-0500

D_ear Dr. Dames:

June 15, 2016

I I

It has been over one week since graduation·and one week since my June 8, 2d16 correspondence. I have not received any response. Every day that passes is another day where ' ere is no closure for Biia1.. . . .

As a result, I can only surmise that the Archdiocese has elected not to sc edule the meeting I requested and has chosen not to supply me with the information I requested. lease be advised that if there is no response by week'~ end, I will have no other choice but to take this matter to the next

. ' level. I hope this is not necessary. ' I . I

cc: Sr. Patricia Butler, SC Sr. Helene Godin, FMA Fr. Joseph Bejgrowicz

. I

EXHIBITH

ARCHDIOCESE OF NEW ARK ASSOCIATE SUPERINTENDENT FOR ELEMENTARY SCHOOLS

June 13, 2016

Mrs. Theresa Mullen .IIIIH Md hl!l'li:C&& IC6tE!ll 2&4 I I] S!SlO

Dear Mrs. Mullen,

En!ering lhe TI\int Mil1eunium proclRiming in fruth <'11\d love the mlsslo.n of Christ thf Redeemer!

When we spoke last week, I said that I would follow up on your statement that "due to the disturbing conduct and behavior of the STS faculty and the school Jj)rincipal,

· ·s~ had been re-victimized and now my son Bait has also been negatively ·· .. ;-· affe~ed". you then provided a summary of the events which you recoun~ed in

illustrating your statement. :

In order to proceed, I ·am asking you to provide the following by June 17, ~017.

• Name of student(s) who exhibited sexually inappropriate behavioriin s,-..,s class, specifying the class.

• The dates of misbehavior • The names of students who were witness to the misbehavior • Whether any of the inappropriate behavior was directed specificallyat your

daughter, as opposed to just generally occurring in class (and if so, [Please provide all facts indicating that sexually inappropriate activity was; specifically directed at your daughter, identifying the dates, perpej:rators and

witnesses).

i You also assert that unidentified school personnel re-victimized your daughter. With respect to this assertion, please provide: ]

• The names of the School personnel to whom you are referring, deso/loe the action/comments re-victimizing your daughter, the dates(s), and th~ names of any witnesses.

Please be advised that we take seriously allegations.of bullying and/or intijmidation . •

I am also looking into the issue of your assertion that Balla should have been valedictorian. '

STS_00187

/•

I

• .• I need the information I am requesting to look into this matter, and I hope I will have your cooperation in that regard.

Yours truly,

~-·-I¾~./ _u1 -~cia Butler, sr.,v..r •Associate Superintendent of Schools

cc: ./sister Helene Ooilin, Fl',{A M11rgaret A. Dames, Ed.D.

STS_00188

THERESA E. MULLEN i - - - - - ...

Via Facsimile (973) 497-4249 Sr. Patricia Butler, SC Office of the Superintendent of Schools · 171 Clifton Avenue Newark, NJ 07104-0500

Dear Sr. Butler:

June 27, 20] 6

This letter will serve as a response·to yotif'June 13, 2016 correspondence, pi part, requesting the· names of students who were involved in the sexually inappropriate behavior that was continuing for months at STS, as well as the names·ofthe students who reported this beha ior. This information can easily be obtained from Sr. Helene. ·

.J did not name these students in my letters because it is the failure of STS to roperly address what was occurring at the outset and the negative impact it had on my children tJiat was my purpose in contacting the Archdiocese. As I stated in my initial correspondence " ... l:]ue to the disturbing conduct an. d behavior of STS faculty and tJ:ie school p:zjn~ipal, '.'. has bt

1 en re-victimized and

now my son :a.i..has also been negatively affected."

Other. parents can speak for themselves. I also stated that many pare ts, outraged, made appointments, includi_ng 111y hu_sband and me, with .Sr. Helene because nothifg was being done to

------. _-_~·mp:tms:b:eha:riortl:rat:had:been=gomg,-onfoI'montlw.mclwlrieh-was-making-sjdenis"unemnfortaolF.-'-'-""·•cc·· == The 6th grncii: c]!!$.~ i:;_11ot that large ... Certainly-those-parents can be contacted by the-Afchdioces"e: · - ··

In addition, I did not assert that B.- should have been valedictorian in any o .1 my letters. The fa~t

remains that despite all ofmy requests,~ still do not know and I still have not b~en provided with the information requested which has denied me the opportunity to verify the results. . · · _

Once again, I am inquiring as to whether th Archdiocese is going to schedlll;ie the meeting and is goingtosupplymewith theinfonnatfonire . ,~ted._I 6 d appreci e are 1nse month;s end.

cc: Dr. Margaret Dames, Ed.I) -&:-Helene Godin; F1v1A Fr. Joseph Bejgrowicz

I I

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EXHIBIT I

[email protected]

From: Theresa E. Mullen < Sent: Friday, November 4, 2016 8:02 AM To: Cc: Subject: STS Issues

Dear Deacon Joe:

It is my understanding that you tried to return "l I t 's Basketball Registration forms to Scott yesterday despite the fact that there is no deadline on them and there is no prohibition on the CYO website with respect to Girls' playing on a Boys team that I saw. I ask that you please provide the reason in writing for this rejection before the end of today so I can take this to the next level.

In addition, I would also like to confirm that STS does not intend to take any further action about what I reported occurred at last Friday's Trunk or Treat to you on Saturday, wherein I was informed thal TIil. L. !6 llll &. I di :151s 3Xcluded onl\' St I sp and another girl from their car, followed by•••- taunting her and then culminating in both of these parents confronting her, all on STS property. As you know, I told you this whole incident reduced s1 I t to tears.

It is no coincidence that both of these children who were excluded reported what could be characterized as a serious incident to you about the child of these parents. In light of what happened tc SJ I r !ast year where she followed the "see something, say something" policy of which I am certain you are aware since it was clearly documented in letters I wrote to the school and to the Archdiocese, I cannot continue to let Sg I ; be "re-victimized" while those in authority fail to take appropriate action.

Finally when I met you for the first time last month, I scheduled a meeting to discuss, in part, what occurred last year with the Athletic Director at STS with respect to Girls Basketball and how he singlehandedly tried to dismantle the team. This year the same type of thing occurred and there is no doubt that there is a pattern of behavior which I believe is unacceptable and should not be tolerated. Please confirm that you will not be addressing this issue either.

As I stated in my earlier correspondence this week, I will be happy to provide you with copies of anything you need, if it has not been maintained in the STS files, if these are necessary before you respond. However, I cannot wait to receive a response any later than Monday due to what I believe are time sensitive issues.


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1

EXHIBIT J

From: Sent: To: Subject:

Dear Theresa,

Joe Caporaso < > Friday, November 4, 2016 11 :28 AM Theresa E. Mullen Response

Initially I returned from a meeting to find the application on my desk addresses to Mr. Bui. I do not see Mr. Bui. I was returning it to Scott and I told him that he had to give it to Mr. Bui. But I also told Scott that it was my understanding that the deadline had past and also since your request was fa- 51 I • •o join in the Boys' Basketball team that also was not possible because the diocese doesn't do that.

Deacon Joe

1

EXHIBITK

I' : : i' I. I 1 : i I• I'

I : ! i I I

I I '.

PRE-SEASON BASKETBALL CLINICS FOR 5m THROUGH. _rn GfFES ONL y

' . {

; Hello STS Families and welcome to the 2016-2017 school. year! W W.e t: fl JV and Varsity basketball season for 5 th through 8th grades won't officially start until 'love ~er, this year I'd

the registration process right away, to make sure I get all the playt --~ in early so I can ,7rrglml.ie"t!fe':fV7ili'a"Yfils1ty=teamsi"'ancl=tind=clYa-ches= ace :- ::)•:=I'a=Jfre=m-~~,

that you must have your Sports Physical done before the :ieaso :starts, otherwise, -e able to practice or play. Therefore, if you intend' to join the Vo: f arsity· bl\,S.ketball ear, you must fill out the attached registration form immedia 1ly and return to

1thout your registration, yo~ will not be able to participat, in bh 4th Annual Pre-Season Basketball Clinics by Coach Paul Han! ;

I That's right, for those who intend to join the JV or Varsity basketball team i Coach Paul Han -will run five clinics this year. These clinics are designed to focus orl en lflllcing individual basketball skills prior to the basketball season. These are independdnt ;essions. you can

' participate in as few or as many sessions as you'd like. The clinics are s h(:j tiled as follow (All dates/times subject to change):

· -S-ession- ············--Date-·--··.-··.-·--··-· --1'ime---·-···--··· -·· ~n

5. 2 Sunday, 10/9/2016 6pm-7:30pm 5.

· 3 Monday, 10/10/2016 5:00pm-6:30pm 5.) \ 4 Sunday, 10/23/2016 6pm-7:30pm ~'i. I

5 Saturday, 10/29/2016 6pm-7:30pm 5.

, I Please note: These he-Season Basketball Clinics are inde_pendent from, an, 1 !rp not the same as, , the Winter Basketball Clinics for 1st through 4 th grades, which will be sch '· between , JanUlll'Y and March of 2017. Also, the costs for these clinics are NOT inclu, le in the JV or t Varsity registration fees. For these clinics, you pay as you go, and the mone" ~fill be collected at 1/ the door. (Cash or checks made payable to the "STS Sports Committee" ) / ~

j -i: So, if you want to be on the basketball team this year, you must fill out the r qstration form and -t. return it to me ASAP. Then, you can_participate in Coach Han's exceµent b, '4<:tball clinics, ~

· Good luck with the new school year. Hope to see you at basketball!· , ~ • i:,

.; If you have any questions, please don't hesitate to eDlllil me at anh.bui@n•n, _.,,iu. ! ' * 1· * ¼ AnhBui -ct-* SL Theresa Athletic Director · · -ct-

********************************************** . . . O_ "?,<

~**********~******************* **~*******-/. * 2015-2017 JV & VARSITY BASKETBALL REGJSTRAT/O FORM. * ' * ,--. t>h I :;;: NAME:~ ; \ \ •• PS o.o.s.j

:;;: GRADE ENTERING IN SEP. 2016 (Please circle one): {JV: 5lil & 6lil, ~arsi~ & 8lil J

* ~~, . * ADDRESS: Q •. '

:;;: PARENT/GUARDIAN: Seo.,.. Yh '. \ ; s i , H-t?l!-es,-1 H J.ilf-e .q

* * -tr

* * * *

EaMAIL ADDRESS:

Home phone ,..........,~'----:---------l--j...,.... ____ _ .. . . EMERGENCY CONTACTS:

. ;

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-. ·· ... -----~ · · .. Gi-N~-a~m~e~_;;;;;;;;;;;;;;;;;;;:;;;;;;;~;;;;~d~!§~i;;;;;;;;;:;;;;;;;;;;;;*~!§~!!!$~ili~~:;;;;;;;;;;;;;;j ,.., t- -------=--=~=="-=Phone ... ___ =Belati nshi .<=,.·~-- ___ -··--·

* * * * * * . * * * * * * * * -tr

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* * * * -tr -tr fr

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Medical & lnsu;anee Release Agreement ..

'."'EDl~AL_~E!:,E~~-~:__ _ ___ _ _ _ _ _ _ _ _ __ _ _ _ _ _ .. ___ ··_-] ·i ,--· __________ _

I-hereby-authorize-any representatlve-onbehalf-of-St'Theresa's-Sports·eommilif C -~dmit my child" --· - --

S. I 3 2 L I D I! I I j I ( & · for first aid and/or hospltal examination and car · d ~ng the 201 s-2oi1 basketball season sports program. ' ·

KNOWN ALLERGIES/MEDICAL CONDITIONS: (IF NONE, p/ease"lridlcate. If a ed qa/ condition exists, you will need to provide a Doctor's note that state your child Is able to participate. .

· INSURANCE RELEASE:

* -{:r I her to St. Theresa's School and any represen!atlve of , Jrheresa's Sports -tr Com r Injury to my chfld I : 1

t _,_.c:.S:::::~~:;...!...,,~~r,rc-::-=- n- , - , b I· ~ .tr Date ! . 't ', .· * -/. -1:r *Parents must provld0 a written note lf they permit thelr child to walk home from a racUce or game i. -{:f I i * . ~ * * ****.* * * i:r-tr--tr--tr fr--tr.*--tr --tr-t:r-t:r--tr--tr--tr*--tr * ** * * * * ** ~ * **-t:* *"f(*~ ~-"A

. II Yo..'s'7

I ' I . i I

~******************************~**********~ * . i I . * ' I ,, -(:c 2016-2017 JV & VARSITY BASKETBALL REGISTRATION FORM i" * * * *

Registration Fee & Other costs 1

* * * * * * * * * * * *

l i

1, The total Cost consists of the Required Registration Fee and the option I unifo~m fee. Please fill out the desired unifonn optlon and add up the total cost below: :'

I i I •

• The Required Registration Fee pays forthe sports equipment, rffaree~1 league fees, court fees, trophies, award bonds,. banners, competitio,ns, playo fees, gmd Sports

· Ceremony Awards Celebration: · · i· • While all players are required to wear unifonn, if a player can still U$e hls/11/)r unifonn from

th I th w un·fonn · t e uf d 1 ' e prev ous year, en ne , 1s no r q re . · . , . • ff a player is moving from JV to Varsity and would like to use his/he JV u~7orm, all he/she

needs is to put his/ her name on the uniform as required for playing \/arsi 'i ·,>~-=-&·····

;

·· Re(JlllmltlligratratloffFee~i"t"5.00-perdlircr.lf11rt!l'lfi1rn'tl1ree"{B)-c:,n: OJ'!f· y- $·1"1'5;00'···--children In the nrooram the fee is $230.00 oar familv ner snort. !

Oolional - JV Unifonn $SO. 0 !

Onlional - Vars/h• Uniform $55. 0 " Ootfonal- Varsltv olavers can add names to their exlstfnn JV unlfonns $10. 00

' I Check Pavable to St. Theresa Soorts Committee) TotalC st I

'

If purchase uniform, please Indicate unlfonm size below: ,: I

* * * * * * * * * ··* Bothbo sand y g iris uniform shirts and shorts can have youth and adult si.~s: /; • Youth: Sm, Md, Lg . . - Adult Xsm, Sm, Md, Lg, 1X or XLg, XX or Double XLg

,:

I : I I

* * * * ·*· ......... -.... - .. -·. -............. -.. , .. - .. .. . ..................... . I i

·········-····.l.. __ ' .... ··-····· * Shirt Size ·-*--- .- -Short-Slzi, · - ----~-· - - ···

* Number * Name For Varsl ·* * * * * * * * * * * * * ··-tr

Parents: Please check here W ff you are lnteres;ed In coaching. We when there ls a need for a coach.

, 1-\ -e. ll est-,.. lv\ v ll-t .v

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'

I~ contact yo~ . I

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. ·······---····

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* * ·~ : * .* * * *****************************************~****

. . . . ,,' ~ _<,.'x

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t,;i:ri:r tr******** i:rr:,- * ** ******** ***** * *~; **'* * ** *** * -It 2016 -2017 Team Member Academic/Activity Poll y i:r . "I'.'!- Dear Parents/Guardians and team members: t i:r ' * St. Theresa's School is "dedicated to the cultivation of'academlc excellence nd th~ ~plritual and social * enrichment of each student.• The Administration recognizes the Important' role~! extr$-:curricular activities i:r in the development of the whole chlJd when such activities complement, ra er thari compete with the i:r educational gni:l spiritual dim ens Ions of our program. Therefore, participatl n In pµr spoi:ts program B'" requires that all student athletes meet the demands of both 'St. Theresa's ac~emic ~d discipline code -tr as stated in our student handbook. Please read the following eligibility guld Jines ~nd sign the botto~ -tr portion of this page· Jf you wish to have your chJJd participate in our sports prog am. Tfiii academic/activity .A.. poJJcy Is as follows: · ' r J..f I ;

:;;: , In order to participate on the team during the sports season, ta~ memberi' musi/ l)lalntaln a passing -tr average In major subject ar~as and In conduct In all classes. Ellg1billty ls revie ad o(l :report cards for all * sports teams as St. Theresa's School. Teachers give grades tor achievement :and cphduct. The grading * . scale Is as follows: i : .

::; S = Satisfactory I = Improvement needed (70%- 74%) U = Unsatlsfac~ory <i~low 70%)

'· ~--=;·- --- ·In- ~;d~-;-1-;;-;~/;I~at~ -I~--~-;~~ ~~ -~--~l~e~ -d~;. !~~--;earn memb·~;-~us~-be In sc~<l~I ;ha~ day, ~~ --~~ -- ·- · -r:,- Friday before a Saturday game. . . . .

::; If a team ~ember recelv~s a •u• on report cards he/she may not partrcipate /i pJ~uces or games ·,0 ; .

-tr (2)weeks. The principal reserves the right to remove a team. member from the-~ at anylfme for -tr Improper behavior or for any reason she deems appropriate.

* * * - * * * * * ·* * .. fr.

* * * * * * * ·-er

* * * * * * * * tr tr

--tr 17

If a team member misses three (3) unexcused consecutive practices and o dismissed from the team.

; . gapies, he/she will be

I

I. A team member who misses a practice immediately preceding a game will be b nch~~ for the first half of

. I the game. , ..

. ' A team member who verbally, physically, or mentally disrespect or Intimidate . y o )lls/her teammates,

· .. !!l!f...9.W.U .@s!~S, .• CQ.E!c.!m~ • .fn>m. _Q!ber ~ll!'IlsJ. refer~sJ _ _c2.r_ org_@lZ!lm..Qf _event re te<L\Q ..S..l.... Toe.r.ei;a_ .... _ Sports Program, will be benched until the vlolatlo_n ls being reviewed and resolve b ~lther myself and/or our principal. If this behavior ls repeated three times, t11_a_ vlol11t111g team mem_ Ill J!l>Jl_di_smlssed-from-

-tfielaam. - -·- · - --- · I

I have read Iha above estabDshed by SL There

Sincerely,

Anh BUI STS Athletlo Director

ave discussed It with my child and ill !)bide by the criteria : .

* . ' , * . . . ~

*********************************************~ . . . . . • I .'Pct 3.q

I

~*******************************~**********· {:r 2016 -2017 PARENTS/GUARDIANS PARTICIPATION POtlCY .

* I {:r Dear Parents/Guardians; j --tr I . . -tr Please rnad_the followlng pollcy carefully and then sign and date It at the bottom of that' age. ! _ --tr . I . --tr It Is wonderful that you support your child in his/her athletic activities and entrust imlher 10 St. Theresa Sports -tr Program, Its coaching staff, and the leagues or organizations under which we operate.] ou are ~n Integral part of our 1r program. You are encouraged to get Involved with your child's actlvltles. Therefore, arents, /amily.members, and * friends can attend scrimmages and games. However, only parents are allowed to be pre~!mt during practlces. * . E,ibl!ng{s) of a team member are allowed to be present during practices only If at le st one f the parents is also

present and wlll watch over the sibllng{s). If the presence of the,slbllng{s) will distract e pra ~ca, other players, or -tr coaches, the sl~llng{s) must be removed from the practice, and wlll not be allowed to re m. I: {:r . . . I •

-tr While we encourage you to get Involved with your child's athletic activities, we strongly ask yo~/ respect the following * rules: , I· * i. -tr • There shall be no cursing, screaming or yelllng at your own child, our own playe,J; or players from th~ * opposing teams during practice!', scrimmages or games. J ; _

·a,c,,~;-~ ••• ~.·c,,~.,~~~~~~~~~ba%~~:::::;:::~r:nra:;:;r:a~~~:~and,physlcal,=orcany.,other,fot·,ofclf mldatlon.,towar.d,aoy,_,=,c•

* . . . ': ' -tr • There shall be no direct confrontation, verbaJ·or/and physical, or any other tormlof lntibildation toward any of * our own coaches, coaches from other teams, referees, or organizers of events /elate1 l:o SL Theresa Sports

-tr Program. ! . , · * Any parent, guard!,,;,, Including any other family member or friend, who violates the abo a ru1il for the ffrst·tlme, will -tr be asked to stay away from all practices, scrimmages, and games unbl the violation rs addrf 1:sed and resolved by -tr either myself ancVor our principal. -

-· ::;: If the violatlon Is repeated tor .the second tlme, then the o~endlng person{s) WIii be lndeff*ltely ~anned from attending -tr · any_practlce, scrimmage, or game. j ·, •

_ f c;;;!y:;;1~:~rJ~t~1;!~~;;:;;J;~~!;~;,;~ ];;;;i_~f ;;ii~/;t~;;;;:l ;; _ _,._ seven o, u ,e case. ·1 N ___ 1,·

---1::r- - we -sfiopgly suggesftnafyoufollow the procedures below7ndealfng wiili any potential co inlet/---· * . !

* * * * * * * * * * * * * * * * -tr

* -1:r

*

. • If you have any questions, lasues, or concerns regarding your own child, anoth our own team, a player and/or parents from any o!her team, a coach from an organizer of events related to SL Theresa Sports Program, please schedul coaches and address the Issue calmly and professionally. You should never durlng, or after the games, when emotions are high and everyone Is on edge wl not address your concerns, then please reach out lo me and I will try to me conflict. If that still does not address your concerns, then I wlll ask our principal Jo

• If you have any questions, Issues, or concerns regarding our own coaches, pl my attention. I wllJ try to mediate and help resolvs_ any conflict If that does not r ask our principal to get Involved. ·

I have read the above

0ete::_..1)..1l.::.-..l\-"'~:..J{'._l&'2.__ ___________ -:-__

pl er and/or parents on er am, a referee; or any a rjleetlng with our own

t ·the coaches be/ore, h 11!:! .. ".!'ehff!!, If th_a.t <l<1as

a ! auu alp resclva Iha et l~volved.

I edlately bring that to I ~ the Issues, then l will

I · ! ,

l

* a 1 ***********~***********~*********************t . . I .. -~4

I

I I

~*~fr****************************i**~*******i -& . ' 2016-2017 STS SPORTS AGREEMENT!

* ! * * * * * * * * * * * * * * * * *

St. Theresa's Sports is a volunteer organlz.ation. We need as istarme to make our sports a success.

A Sports Agreement· has be~n developed that requires ea h fa/mily to provide assistance to our refreshment stand, (AT LEAST 3 GAMES D PEl}lDlNG ON THE SCHEDULE~ ·

It Is the responsibility of the parents or guardians to fulfill their res on~~ility toward this work agreement. If the hours required for your scheduled game~ ar91 :not fulfilled, the player wilf n0t be eligible to play the following game. lf'the hours r~quir1d for the season is not fulfilled, your child will not be eligible to play In the next seastn. ! .

. ' 1 .

It is the responsibility of the parents to make sure their hours are ~rodJrJy Jogged in by tha Head Coach. · i

·=-~~==p1ayiffs1Wflte:'~-=-·-= =

; ~ ---.·

i . ·-, .. ,.,•-·>···+-.. .. r :-:·-·-·-- .--------.............. = ... •" ...... .

,_, Parent Signature: -~-A:=~==:..:\,L_...1,___.!!.,~cl-J=..L..------+-.....,_ ____ _

:: Sport: ___:__~::::::::J....;~::::;:s.....L..Jb.:L.!..p..~l:...:( _______ --1-f.;-----*-* * * * * fr

* ·*·· * _fr_ .

Date: _--1.......!,....:::.-_1.,_I _-_1.,_I -=<.,,---------------+------,!------

Sincerely,

. -- -Anh-Bui.. .. .. ..... .. -- .. -· - -- -.. STS Athletic Director

. ! ' '

I ··-··--- ............ ------- -·--·- -··· -···------·-··1··f----······-······-- ······-- ··--

1 . -j· --- ----- - ------

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* * * * * * * * * * * * * * * * * * * ; . ' * 1 i:r . I . ' * . ' 1 *********************************************i

. . . ~C\. Ltl

EXHIBITL

Page

Theresa E. Mullen

From: Bui, Anh [a i I IS J P l :] Sent: ·Monday, December 09, 2013 11 :05 AM

To:

Subject: FW: MIi••••• FYI. You will be getting a non-STS player.

From: Theresa Lee [ I l&I ddliSC@Sdh itd ld@§§kfflj !!!I.El L SI Q] Sent: Monday, December 09, 2013 11:03 AM To: Bui, Anh Cc, 11 • I i ZS! i.il@t Subject:·· a -- . b~. ::~:-::?-~~-~~-~::-:c~:~o::::'--;~~-~11 co~tact y::·t:·;i:~:~-~-~:~~~~~~~:

1

formfor--~,-~--I---- -- .. :· -.. ~~ -~- -----

parishioner and CCD student, she is eligible to play with our CYO Basketball team. Howei'ver, I wasn't sure what the se1 up for the Winter Volleyball League is. ~ will bring her daughter to school so 1·e can meet sometime this week. · -

Do please keep me informed of .ii status.

Thank you, Sr. Theresa

St. Theresa School 540 Washington Ave. Kenilworth, NJ 07033

-'SGDOOJ:-908C2-1-6--:''7-220°X20J ·· !

- ____ -____ _,--

---~ Information from ESET Smart Security, version of virus signature database 9 54 (20131210) ___ _


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12/31/2016

Theresa E. Mullen

From: Theresa Muller, ,mi, 2@3611 .Cd&i.llSC/1 Sent: Monday, December 09, 2013 2:42 PM

To: Bui, Anh

Subject: Re: reporting scores

We lost 21-4.

Sent from my iPhone

On Dec 9, 2013, at 2:31 PM, "Bui, Anh" C ] ] . j

How did you do yesterday? Did you report the score? It's not up yet.

From: Theresa·Muiien .. • .!..a'!..11-· w ..

Page

_:::• ..... :.,.:sSent:cM0nciay7'DeGember~09~0B~Z!-26°PM>--" ~--·-·~· ... · - ............ · - · · · 'W½¼ ..... • - - ------··-.·---- ...... - .. --~-~~~~

To: Bui, Anh Subject: Re: reporting scores

I don't have to worry about that this week!! :(

Sent from my iPhone

On Dec 9, 2013, at 2:08 PM, "Bui, Anh'' 01 . 9

FYI.

From: stirs I !!CS: ii I I ilS I Sent: Monday, December 09, 2013 10:58 AM

I >wrote:

--··-------·- T • thao .11et· _____ ... ______ ...

l/1/2017

Subject: reporting scores

AD's

please remind your coaches that if they win they must report their scor the the division scorekeeper within 24 hours of the game

all the information is on the web site and the coaches contact list

thanks for your assistance so we can update the standings every week

EXHIBITM

THERESA E. MULLEN

November 8, 2016

Via Hand-Delivery Dr. Margaret Dames, Ed.D Sr. Patricia Butler, SC Office of the Superintendent of Schools 171 Clifton Avenue Newark, NJ 0.71.04-0500.

Deljf Dr. Dames and Sr. Butler: ;

This Jetter will serve as my 5 th correspondence to the Archdiocese regarding my~epeated requests for a meeting and for information. It has been OVER 5 months since my :frrst re]: uest and absolutely . nothing has been done to my knowledge. · ·

The~e also has not been any respo~e to my last correspondence date~ June 27, , 016, despite the fact . that the June 13, 2016 Jetter from the Archd_iocese indicated that the issues I /de:fmed·were being looked into. This last correspondence from the Archdiocese was_ sent almost~ months ago.

I

. . . . l As I stated in my initial correspondence, _in jlertinent_part-" ... due to the clistihrbing conduct and behavior of STS faculty . and the school · principal, SJlil• has been. +-victimized. This "revictimization" has not ended in this new school year and Jess than two weeks ago, parents . eafrented SJ _ J 0Jh'lCh00I-pF0f>effl'-!it-a.-sc.heoJ-function~J.,am--attaGJ:iing-a-teG1mt-e-mai-J.cdate.,.. _· __ _

. _No_y~mber..4.,.2D.16..s.ent.to.I>-eac:011}_~e,,!_ogetlle,=wiJh-his-resp0nse,~w.hichefailelH~addressanya-ctimr-· -· -· · to be fuken-oySTS witliiegard to the "trunk-or treat incident" described. (This rdsponse did address STS Girls BasketbaU which wi11 be discussed below). . · · · l · As! stated to Deacon Jo~, it isno coincidencethiJ S]j I g .was excluded after as ,ri.ousincidentwas · reported to him about fue child of these parents. Adults and children have been i\lstructed to follow the "see something, say something" policy which she did last year and again thi~ year.

. ' i

---:I-will-net-eenilime-to-let fl .. r b~e-vietillmed!!..whlle-those-m-auilioFi-ty-4i:r1

: e-apprep:riat action. · · · .

I am also attaching the recent correspondence dated November I, 2016 betwe,n myself, fue St. Theresa Athletic Dire_ctor (AD), Rich .Donovan and Deacon ·Joe to which I have received no response, otlier than on November 4, 2016 from Deacon Joe as already noted and ]asked to receive a response no later fuan yesterday.

While I ani not going to get into. fue particulars oflast year wifu respect to the, Girls Basketball program in this letter, I believe tllat there is no question that there was an obvious attempt by fue AD to sabotage ·the Girls program, which occurred again iliis year. I let it go last ydar because I was -

given a short time to enter a team and to refute all of the misinformation! that the Archdiocese received from the AD. I In light of what is contained in this correspondence, what is c.ontained in the ~ttachments and in last year's correspondence, I am asking for an immediate investigation of the AD1s conduct by STS and the Archdiocese. I This year I am told that I will not be given any time to enter a Girls Team desbite the fact that there was NO DEADLINE on the basketball forms distributed by the AD. (Emphdis supplied). In light of this decision, which I believe is completely unfair, I am also attaching 9Y November 3, 2016 correspondence to the AD with the completed forms which included a requestifuat S~ be placed on the Boys 7th Grade Varsity Team, since there will beno Girls Team. There[also has not been any response. from the AD. . : .

• j •••

As J noted in my Noveml?er I, 20)6 .co;rrespon<lence: . . . I. I .. I • • •

Th~re is ·no i:Jo~btth~t S\llilllilli~ the l:iest 7th Grade ba;k~tb~il player in i:;,~·scJiool-bbth boys and girls. 1 am not making that statement because she is my daughter. I am making it because /t is true. If there is a dispute I am willing to have any independent evaluator chosen to evaluate and confirm.

!

J further stated: l

. I If the Archdiocese will not let STS enter a girl's team, then the fact remains that f'>lillllllwants io play basketball, deserves to play basketball and it is my assertion that she has to be given ~n opportunity to do so at STS because there Is a basketball team upon which.she can play. ·Again if there is a.written rule to the . . . . . . /• .. -contrary, please provi_de it to me immediately. I

. . . . I . . . • • • I • •

I have reviewed the 2015-2016 website and.there is no restriction that I have seen. In/addition, it states that "Rosters niust' be submitted by the first game." Therefore there is no question that S I can b~ added and that I can coach. i

I . ···-···cccc·,nere·1s·n:cFquestion=ffiaCCalliolic schoorgirH{aie.· and liave oeen per.mitttjd to play on-Boy~ ....

basketball teams when there is no comparable Girls team .. To that end J am_ait~ching the pertinent page from the Holy Trinity Church website in Webster, NY which allows for ~s EXACT 11:IING. (Emphasis supplied). The entire website can be found athttp://holytrinjtyweb)com/cyo.php.

Once again, I am'inquiring as to whether the Archdiocese is going to schedule a jneeting, is going to supply me with the information I requested and if it is going to take immediate dcti0n to address all of the issues I have repeatedly outlined before something even.worse occurs. I a\n also asking if the obvious co.ntinued re-victiniization of '-I 1 ; is going to be permitted to cor' tinue without any consequences. . ,

. Certainly I cannot afford to·Iet more time go by. . · . .

·Finally, hi accordance with my request last week regarding placing Rj . g m lthe 7th grade Boys Basketball roster and naming me as a.coach, time is also obviously of the essenc~ because the CYO ni.ies state that additions to the roster must be done before the :frrst game. Therefore J need a written response which 'r have requested both from STS and from the Archdiocese. My email address is

• • • • I

contained in the attachmenL, Sp 3@ t. :, . .

2

. i •

If I fail to receive a response by the close of business tomorrow, I will have bo other choice but to take all of the aforementioned to the next level. I am not copying Rich Iionovan on this email because of what he has stated. I am copying Deacon Joe as the current STS!Principal.

--- ~-··-·-·--· - -

3

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I

I

EXHIBITN

Theresa E. Mullen

From: Bui, Anh [a~

Sent: Monday, February 24, 2014 3:58 PM

To: Bui, Anh

Subject: Congratulation to the Girls JV basketball teamlll

Hi all,

Page

First of all, I'd like to congratulate the Girl_sJV basketball team for winning their playoff game thi) weekend I They are now qualif for the semi-final round, which will happen either this Saturday, March 1, or Sunday, March 2. Mpre details is forth coming real soon. i

I also would like to congratulate Coach Mullen & Coach Lissade for doing a fantastic job with the ~iris, and showed them the wa~ win. The greatest lesson you've taught them this season is, in sports, as in life, success is not alw~ys measured by the records yo, hold. Instead, it's measured by how you fight in each and every game, how you strive to achieve tour own goals, and how you le

_J~q,@,r,lq,Y,_lt!:LOtberc!iJQ_i;_re_~_te,!:1.9.o,;lJ;,.&-tei}DJJ.Y.9.J:k,J.\IJ.these,.ti:1gether,witfoJ¥0.ur,neveregive,up-attiiude;your-b·elre11ingcin-yo11rcs-elf; and your team, are the trademarks of a winner! Win or lose in the semi-final, these girls are 100%1 winners in my eyes. I'm certair that, in your heart, you feel the same I

Good luck team I . Coach Bui©_

i _____ Information from ESET Smart Security, version of virus signature database 9~69 (20140225) ___ _

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i

I -· -· -· - - - . - ·-- - - - .. - - - - ·-· - - ·- - -- .. - ··--···---~-

12/31/2016

EXHIBIT 0

Page

Theresa E. Mullen

From: Bui, Anh

Sent: Monday, February 23, 2015 10:46 AM

To: esp Si!!id ; I it.al ·;

Subject: Next round of basketball playoffs

Congratulation for being the only STS team to win the first round of playoffs. As a reward, you will be playing against St. Helen at Helen next weekend. It's going to be either Sat., 2/28 or Sun., 3/1. All the hosting AD's and coaches are looking at the next playo: round and working on the date and time for these games. As soon as I have the info for your game, I will let you know.

Let's win the next game and go on, instead of go home:© Go Stallionslll


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1/212017

EXHIBITP

Pag

Theresa E. Mullen

From: Bui, Anh I Sent:

To:

Cc: Bui, Anh

Subject: Important Basketball info

Hi coaches!

a;

November is finally here and the basketball season is about to begin. First and foremost, I'd like to thank each and every one of for volunteering your time to help coaching our girls and boys. I know all of you are busy and have your own obligations. So, it means a lot, not just to me, but also to the girls and boys, their parents, the enti~i STS community, and the STS Sports Program. Here is some important info I'd like to inform you: '

c~·.c,cc~-"·"'"=ll1is,weekcand011extcweekcare0the0 lasHwocweBkS"Of'VOlleylYall:'"A'S·so6rl"iisvolfeyoall'rs-o'i/er, l:iasRefoaffwilrtle in fwlswin with practices, and· hopefully games.

• Saturday, Nov. 14, is the games scheduling day at St. Agnes, from 9 AM to 1 PM. To be fair to all the coaches; I'm asking that each team must have at least one coach present at the scheduling session. If one coach cannot make it, please communicate with your assistant/head coach to make sure one of you are there. Also, please communicate to each othe which days will be your "conflict dates." In this way, your assistant/head coach will make sure not to schedule games on those days .. lf all of the coaches for your team cannot make it, then it's your responsibility to reach out to an assistant/he coach from another team and ask them if they can represent you and give them your conflict dates. Please remember, once the games are scheduled, it will be very, very difficult to change, as the league will try to prevent any changes once the schedules are made.

• All of you should already know who your head/assistant coaches are. Just in case, here are the complete list of all the coaches, all of whom are in this email thread:

•

o Girls Varsity: • Head Coach: Theresa Mullen

··· • Asslstanrcoacll: J

o Boys sth Grade Varsity: • Head Coach • Assistant C.oach: • Assistant Coach:

o Boys ih Grade Varsity: • Head Coach: • Assistant Coach: ? g • Assistant Coach:. • Assistant Cc ,, iii D

o BoysJV: • Head Coach lt I 1

11£21!4

i1 ii:sa II 4

• Assistant Coac~ . • Assistant CoacL. C di !id •

I'd like to meet with·all the coaches in the gym on Sunday, Nov. 15, between 11 AM - noon, to go over all the game/practice schedule, and get your signatures for some of the league's paperwork. If that time Is not good for you, I'm actually available from 9 -1 on Nov. 15. So, please give me a few alternate time so I can rescheduled this meeting. 1 must hand in all coaches' signatures soon afterward.

If you have any questions, please let me know.

112/2017

ST

EXHIBIT

Theresa E. Mullen

From: Bui, Ant. pi! I @ J &; Sent: Monday, November 02, 2015 3:25 PM

To:

Cc: Bui,Anh

Subject: Important Basketball Info

Hi coaches!

p

or r

November is finally here and the basketball seasori·is about to begin. First and foremost, I'd lik to thank each and every one 0

for volunteering your time to help coaching .our girls and .boys. I know all of you are. busy and h .e.your. own obligations. so, it. means a lot, not just to me, but also to the girls and boys, their parents, the-entire STS commun ty, and the STS Sports Program Here is some important Info I'd like to inform you:

• This week and next week are the last two weeks of volleyball. As soon as volleyball i,L@ j'.1},1,a_s~i;tb..<!IJ,wJll,becin.fullc5wfi ..... ~ ··· · · witlrprattires;"alf11hopefi11lyga·rne's~· .... · ·- ··.· ·• · ·· ·- ·· .,. ··· · ····· ·· ···· · · ··· · · · ····· ···· · ··

• · Saturday, Nov. 14, is the games scheduling day at St. Agnes, from 9 AM to 1 PM. To be Ir to all the coaches, I'm asklni that each team must have at least one coach present at the scheduling session. If one c ach cannot make it, please communicate with your assistant/head coach to make sure one of you are there. Also, p ease communicate to each oth which days will lie your "conflict dates." In this way, your assistant/head coach will mak sure not to schedule games on those days. If all of the coaches for your team cannot make it, then it's your responsibill to reach out to an assistant/h·, coach from another team and ask t?em ff they can r~present you and give·them your_copflict dates. Please remember, once the games are scheduled, ft will be very, very difficult to change, as the league will ry to prevent any changes once the schedules are made.

• All of you should already know who your head/assistant coaches are. Just in case, here re the complete list of all the coaches, all of whom are in this email thread:

o ·Girls Varsity: • Head Coach: Theresa Mullen

... _ -~-Assistant Coach_:~ f __ _!Ed; o Boys sth Grade-Varsity: --· ·

• Head Coach: i--. • Assistant Coach: J~ • Assistant Coach:

o Boys ih Grade Varsity: • Head Coach: I$ i lSib • Assistant Coach: • Assistant Coach: R • Assistant Coach:

o BoysJV: • Head Coach:

• Assistant Coac • I'd like to meet with all the coaches In the gym on Suriday, Nov, 15, between 11 AM - noo , to go over all the

game/practice schedule, and get your signatures for some of the league's paperwork. If th t time Is not good for you, I'm actually available from 9-1 on Nov •. 15. So, please give me a.few alternate time so I can· re cheduled this meeting. 1 must hand In all coaches' signatures soon afterward. ·

If you ha.ve any q_uestlons, please let me know.

J,'.1/2017

EXHIBITR

Theresa E. Mullen

From: Bui, An',! g 1;&.Ld@J Sent: Friday, November 06, 2015 1 0: 36 PM

To: Bui, Anh

Subject: About Girls Basketball

Hi all,

Page

Since September, I've been working very hard in trying to form Girls JV and Varsity Basketball tea s. By the time the deadline

approached there were not enough players for neither team. I had to move 6th graders up to ma e one team - Girls Varsity Basketball team, which started with 9 players. But, immediately, one dropped out. That left the t am with 8 players. Then, yesterday, another player dropped out, leaving the team with only 7 players. I reached out to the league and met with Sr. Helem today to go over the league's rule about the number of players required, and to explore all of our options. After carefully reviewi everything at hand, and taking serious consideration into our decision, I regret to inform you that we will not be having a girls basketball team this year. I will be sending home your complete refund next week.

. ------- - -·-- -----------·. • . . . .. ____ ..;:;,::·····. =..,._,..._,..,.,,:,;ct,·:,;,..,...==-=:.,,~-~--. - ·=· ···='=. ""·· ==--· ----.. ~--- ~--'" ----- -----·---------- --------

Best regards, Anh Bui, STS Athletic Director

____ Information from ESET Smart Security, version of virus signature database 1 529 (20151106) ___ _


http://www.eset.com

112/2017

EXHIBITS

[email protected]

From: Sent: To:

211§§6 l C!.3§ I 1 i 61 i!Ci Sunday, November 8, 2015 4:18 PM Theresa E. Mullen

Subject: Re: Girls Basketball

Yay! ! ! ! Thank you for all your effort Theresa. If you need help with anything just let me know

E:.-

Sent from my iPhone

On Nov 8, 2015, at 3:02 PM, Theresa E. Mull

HELLO!!!

wrote:

I have GREAT NEWS!!! I met with Fr. Joe and Fr. Lito yesterday and we have a TEAM!!! I also spoke to Rich Donovan. Please confirm that you received this message!!! Additional information and practice schedule to follow, Theresa

From: Theresa E. Mullen i --- -Sent: Saturday, November 07, 2015 12:51 AM

= !,ii ~~~: . -_ .

~---=-~ l;

Subject:_ Girls_BasketbalL __

Dear Parents:

I just received the email from Anh Bui regarding canceling the Girls Varsity season and wanted to let everyone know that I had no idea that this was going to happen. _I have coached all of your girls in the past and want to continue doing so. I just looked up the CYO league rules 8 girls is enough for a team so we could still play as I am sure another girl could move up.

Being that I will probably see a lot of you at tomorrow's confirmation, I wanted to let everyone know beforehand. Since there are 5 eighth grade girls on the team who have played basketball for a number of years I am going to do everything that I possibly can to try to avoid the girls not having a team. Also if your children know of anyone who might want to play please let me know.


_____ Information from ESET Smart Security, version of virus signature database 12529 (20151106) ----


http://www.eset.com

1

_j

[email protected]


ja Sunday, November 8, 2015 4:05 PM Theresa E. Mullen RE: Girls Basketball

Awesome news!!!! The girls will be very excited. Thank you for making this happen.

On 8 Nov 2015 15:00, "Theresa E. Mullen"~ wrote:

HELLO!!!


Dear Parents:

I just received the email from Anh Bui regarding canceling the Girls Varsity season and wanted to let everyone know that I had no idea that this was going to happen. I have coached all of your girls in the past and want to continue doing so. I just looked up the CYO league rules 8 girls is enough for a team so we could still play as I am sure another girl could move up.



1

[email protected]


J Sunday, November 8, 2015 3:10 PM Theresa E. Mullen Re: Girls Basketball

Hi Coach Theresa, That is GREAT NEWS!!!!!,

thanks,

is very excited about the news.

j

On Sun, Nov 8, 2015 at 3:02 PM, Theresa E. Mullen< --- ;:..,--- - > wrote:

HELLO!!!


C

Dear Parents:

t'; I I _I 7 - ' ' ---- ---

-•- ----1----- ---------

,. , ,. ,



1

[email protected]


o. ; ; ; ; s & ; : Tarn.:w Sunday, November 8, 2015 2:55 PM Theresa E. Mullen Re: Girls Basketball

You go Theresa! We are so happy to hear that!

and

Sent from Yahoo Mail for iPhone

On Sunday, November 8, 2015, 3:00 PM, Theresa E. Mullen <[email protected]> wrote:

HELLO!!!

I have GREAT NEWS!!! I met with Fr. Joe and Fr. Lito yesterday and we have a TEAM!!! I also spoke to Rich Donovan. Please confirm that you received this message!!!. Additional information and practice schedule to follow, Theresa

From: Theresa E. Mullen [ Sent: Saturday, November 07, 2015 12:51 AM

- -- ---To:_,_.___ -- -,-.. 1-

; 'JP ~ SU '; I bi§ Subject: Girls Basketball

Dear Parents:

a or; 75 i

g@c ·;

. ' ; p:as .... ; ·; '; 1

t. ';J:jd&IIEII I 5 Pi' G?F ''.' ~, a


Being that I will probably see a lot of you at tomorrow's confirmation, I wanted to let everyone know

,. ' ' I,

beforehand. Since there are 5 eighth grade girls on the team who have played basketball for a number of years I am going to do everything that I possibly can to try to avoid the girls not having a team. Also if your children know of anyone who might want to play please let me know.

1

EXHIBIT T

Theresa E. Mullen

From: Theresa E. Mullen [ 1 W I :af) Sent:

To:

Monday, November 09, 2015 8:31 AM

'Bui, Anh'

Cc:

Subject: RE: Girls Team

Page:

Since all 7 who had already committed have emailed you (if you need something formal from s.._, you can accept this email), tt only thing from my end is at least another player which I already confirmed on Saturday. Sr. Helene will be receiving those papers this morning. ·

My children's paperwork has already been filled out and Scott will be bringing the check this morning to STS however he was confused from last time because as you kno\1.· sg I needs new shorts and I need the cost for that to add.

From: Bui, Anh [[email protected]:[email protected]&6] .S~nt: .. M.onday,. .N.oY..emberll9, 20.15 7.:~6.--~M-=-. ::.:..::::.:.=.:::- .-_- •. - _ ..• _. _--__________ :::._:::__- _::-_ -=----=--:..- . .::~-~--~-:._: __ . - - ---· - -·- -- .. TL : ;· 5 l!Cbiii) p IC a !iiSdSI ::etp Bui, Anh Subject: RE: Girls Team

Good morning,

This morning, two more parents emailed with their confirmations: Ai!lilj I Eli C a -t I &!SES: Sia

. . I will keep you posted this morning as I will be communicating with Sr. Helene on the rest of the outstanding requirements.

Regards, Anh Bui, STS Athletic :of rector

-· -Original Message-From: Bui, Anh [[email protected]] Received: Sunday, 08 Nov 2015, 11:40PM To: I & &dl.CSl!I [[email protected])J ssp [email protected] fSSP S@EUll:CSStlllEL] Subject: RE: Girls Team

Hi Theresa & Fr. lito,

I just want to give you the latest update .before going to bed:

112/2017

So far, only 4 parents emailed me to reconfirm their daughter's desire to play on the new team: 1. 2.~

.3 • ...-.

4 •. -=---Missing items:

o A new roster with at least 8 names of players for the new team o Completed and signed registration forms for the new players o Registration fee ($115) for new players o Registration fee ($115) for 5~

Theresa E. Mullen

From: Bui, Anh

Sent: Monday, November 09, 2015 11 :39 AM

To: r @&Si.33111, ssp 2@661!1C&Si.ii!!'.

Cc: Bui, Anh

Subject: RE: Girls Team

Hi Theresa & Fr. Lito,

Page I

Sr. Helene and I spoked a few minutes ago. She informed me that she received the completed and signed registration forms for 6211 I hilts& «111•••-(though, without payments). Sr. Helene thinks that that was an honest oversight and will make

sure the fees are paidlmmediately. With these registration forms, St.'Theresa School now has a Girls Varsity Basketball team with players. Therefore, I've informed the league that we have a team. Rich Donovan· acknowledged that and we are in.

Thank you to bot_h of you, and to Fr. Joe and Sr. Helene, for your assistance in this matter. Have a great day! ••• ·_-·-_· • - -· ~ ._. •• • :- __ :·· • -·-·-· ---·-- •••• - - --------- -_- - •• ' - --- - ••• -- - __ - - •• C" - - -~ - -· •• -: -----"·· - --=-~~ ::= .. :-:::. - . . . -·- - . ··---- .. - - .. . ···- --·-·

Regards, .Anh Bui, STS Athletic Director

Ffom: Bili, Anh Sent: Monday, November 09, 2015 7:46 AM To::•liilll@ll-••111211 ... 1811•••• Bui, Anh Subject: RE: Girls Team

Good morning,

This morning, two more parents emailed with their confirmations: i ·;; I 112115

- -,diiidiitlib S:CCS:M

I will keep you posted this morning as I will be communicating with Sr. Helene on the rest of the outstanding requirements.

Regards, Anh Bui, STS Athletic Director

--Original Message-From: Bui, Anh I 1 Received: Sunday, 08 Nov 2015, 11:40PM To: ti lits; p 331.29n; [Li lits@ SS!.Cblll], ssp [email protected] ILL [LP S@ 221 Subject: RE: Girls Team

Hi Theresa & Fr. Lito,

I just want to give you the latest update before going to bed:

et]

So far, only 4 parents emalled me to reconfirm their daughter's desire to play on the new team:

1/2/2017

1. 2.

. . . -· ----... •••"" -

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EXHIBITU

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EXHIBITV

November 18, 2016

Via Hand-Delivery Dr. Margaret Dames, Ed.D Office of the Superintendent of Schools 171 Clifton Avenue Newark, NJ 07104-0500

Dear Dr. Dames·:

This letter will serve as my 6th correspondence to the Archdiocese wherein I have repeatedly requested a meeting and information. The Archdiocese to date has not even g\ven me the courtesy of a meeting despite my previous letters dated June 6, 2016, June 8, 2016, June 15, 2016; June 27, 2016 -and November 11, 2016, in which I detailed serio11s concerns and issues at St. Theresa School.

This letter will serve as a final request for a meeting. If a meeting is not schyduled by the close of business today, I will have no choice but to file the appropriate legal paperwork on Monday, which I hope· is not necessary.

cc: Cardinal-Elect Tobin

EXHIBITW

November23,2016 ·

11\

Dear Ms. Mullen,

Entering the Third Millennium, proclaiming in faith and lov, the mission of . Christ the Redeemer!

After yo~-~d yo~;h~sbm~ metwithSisferPat Butler ~ci mys~io~r{i;;d~y,0

-.-. -··--·--

Nov.ember 22, we· cal.led the CYO office. We did receive from the Union County, CYO, a description of the vfu-sity l;>oys and.girls J.?asketball leagues in grades 7 an~ 8. They are ~pecific in tI:tat they have separate dh_,isionsfor both the girls and boys at that age level. The information is enclosed. · . . . .

We. have also received a memo that was sent internally to. all of the athleti!= directors definil;iv~y stal;ing the_ finpl date for fielding a teain. I have also enclosed that mem9. . - . .. . -. : : ..

I woul.d also incluoe that Sist~ Pat has spoken to Deacon about contim.tjng to monitor the :Stu.dents> beliayior to avoid any occur;rences or perceptions of "Bµllying." ·

-- -·· --· --·· ----- -- ------------·- -- - --·---------------··--------··- --- ·-···----- ------------ ----- --·-Sister Pat and I wwh·yoµ a very H~ppy ~giying &nd we will keep you and your famµy in our prayers. ·

$~cerely :rours, .

Margaret Dames, Ed.D. Secretary fot Education/Superintimdent of Schools

·Enclosures .. ·. . .

cc: Sister Pat Bti~ei' . .. D.e~conJoseph t;::aporaso . ,· . ·. : . ,:..,., . . ....

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ARCHDIOCESAN CENTER·

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171 Q1fton Avenue• Post Office Box 9500 • Newark ' New Jersey0710:f-05QO • (973)-497-4000 '\)(\. q~

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Vnl:n?onnty CYO Yonth Basketball League - (Kearny, NJ)- powere... http:lJ.leaguelineup.com/we!come.asp\

Welcome Video Training (\oideotra1nlng.esp?ul1"!-fec,'O.&sld=432529B41) I Wealh r (http://wMv.weather.com) I My Account J

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Headlines

CYO layo!TSchedula-(lopnews,asp?ur1=uccyo& ,ldl=4:j:2629041Memlds1526957) The Union County CYO Youth Basketball League

Archdiocese of Newark, New Jersey v..Ja .N & Varr;ny FlnaJs Uva 'from UC Mardi 5 & 6 (topn~agp?'UIFtlccyo&sld"'-4325291341& 1tem1d~1524409)

Union County CYO Basketball League Is open CY~staremn .. (lopnwm.a.,p'lurt"""""'~ The to GI rls and Boys in grades 2 to 12 who either attend • 9041

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Educ allon program within Iha Archdiocese of rk, New Jersey. · Newa

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There a re separate divisions for both the glris and the boys In three divisions, Reel, White a based on the playing experfenee of the team roster. and Blu

-The season wm COJ:clude with tha leagua.Playotts In March.

VamUY; ellllve travel fl'slon for girls and boys In grades 7 & B -;){. A comp

There a re separata dlvlslons·for both the girls and Iha boys In rea divisions, Red, Willia a based on Iha P!aylng experienca of Iha team roster. and BJu

The sea son will conclude with the league Playcilfll In March.

Hlgll Sc hQol; etltlve travel division for boys In grades 9 through 12 A comp

These! Freshm

earns will be made up of student-athletes who are not laying on their high School an, JV or Varsity basketball team. I

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The season .will· conclude with Iha leaguePJayolfs In Marcil.

. 1>0\ C\.

Dames, Dr. Mar aret A.

From: Sent: . To: Subject:

Jmportan_ce:

From: Donovan, Richard

Dames, Dr. Margaret A. · Wednesday,- November 23, 2016 7:41 AM

Dames, Dr. Margaret A FW: CTO Paperwork Drop Off Reminder and Upcomin Dates!

High

Sent: Wednesday, October 19, 2016 9:11 PM To:; [email protected] Subject: CTO Paperwork Drop Off Reminder and Upcoming Dates!·

••n •••• •••• •,.,.,_, •. •• -••••• •-••

Importance: High · · -~-===~-......... ·· . . . .. ------====-~~ . . .. ... . ... -~-f.-c.·, .... · ....... --~~~-..... .

Hello AD's ....

I know with this heat we've been having it seems more like Summer than Fall .•• but befo e you know it the basketball season wfll be here!

I wanted to reach out to you with Jome reminders again on our RAPIDLY approaching da es and deadlines.

Tuesday October 75lll 15 the drop off night. This Is the ABSOLUTE J../\TEST date you could Jet us know the CONFJRMED teams you plan to enter. There would be ABSOLUTELY NO WIGGLE ROOM to add t~ams fter this date (except high school since HS cuts don't take place trl early December). We would ABSOLUTELY need o have EVERY Pre Season Teain Evaluation Fe>rm submitted by that night as well. We would also need All GYM MES this night.

----- ---A~nt s s·~ I t Is oin to befrom5:30_m_to8:30 m at St Mikes In Cran or • Simply-~;;:;; j~-the ~;~;,- ·---

door on the side of the school that faces the bell tower. ·Uterally 5-10 ~lnutes tops ~f yrr tlmel

1

' ,· l

. '

.... -- .·-··· -~·-· _ ..

Union County CYO Youth Basketball League · N and Varsity Division 2016-2017 League Rules

Revised as of 11/l 5/l 6

The r,urpose of this league is to give young athletes the opportunity o compete in a competitive environment against players from other Catholic communi es. Developing skills, sportsmanship, teamwork, and discipline are the objectives of this rhristian league and to act as Jesus calls us to act. The goals will be attained through the oncerted efforts of all players, coaches, officials and the Archdiocese ofNewark's Office o Youth Ministry CYO Athletic Program.

• League rules will be governed by the National Federation and per NJSIAA .. Remember that the high school rulebooks state that.children in gra~es 8 and below

, ""·,cc·-· .•. ,ccShould-,jllay."no,more,than-'.24 .• minutes,per.,gam e,,.~T1y.t0•keep,.that•ln-mtnd"!lnd7lse·-·· -~-... -....... .. . . . your substitutions. · I

• These rules must be at.the scorer's table every game and in every 9oach's bag. · • Clarification of the specific Union County CYO league rules sholld be reviewed

with coaches, referee§ an_d tl;ie official scorer prior to the game. . • It is mandatory that all parishes select a service project that must be erformed prior

to the season's end.

GAME TIMING •.. Grune time is forfeit time ..

____________ · !.• .......iJV'..Y...l!anillld-'Yua;u.r-"siu,tyµd,.,ivuisions.willpla,u:ight.(8.)-mmute-ijU8rt runhlng-time; • The clock will only stop on all whistles in the last minute o every quarter. • Other than during the last minute of each quarter, the clo k will stop on

sl;iooting fouls,'mandatory substitutions during the frrst ha] , extraordinary ·- · -- -- ·--·· -··--- ·-·- --- -- -· --·- -stoppagesorplay and, of course, durmg1ime outs. ··-· -------. --- -- ··--··-

• Half time shall be five (5) minutes. • Two (2) minutes between quarters . • Overtime shall be 4 minutes with the clock running except opping on all

whistles in the last minute of each overtime period. • If teams are still tied after the second overtime, the game is r corded as a tie

for both teams. b MANDATORYSUBSTITUTIONRULE. .

• The rule described below applies d¥Jing the first half to the Red, White and Blue divisions and the Varsity White and :Slue division .

• The rul!l described below does not apply to the Varsity Red d~ivisions. There is no first half mandatory substitution rule for the VarsityR d divisions.

• This rule is to assure that all players are being used in the fir t half.

' r •,

2 • There is a mandatory substitution rule in effect for only e first half of the

game; second half is regular basketball substitution at the coach's discretion. That being said, all divisions are subject to t e "AH Play" rule, which requires that everyone plays a minimum of eigh minutes of each game, and at least four minutes in the first half.

Every 4 minutes during the first half, a new five must enter the game. Tiie clock will stop at the first "dead baJJ" nearest the 4-minute mark for the changes to tak°lplace. A referee may stop play at an appropriate time to initiate substitutions. ·1 .

Coaches must have their substitutions already determined for a quick suJstitution. This is not a timeout, this is just to sub. If the official feels that it is taJdng too uch time, he/she may charge the offending team a time out. Free substitution is permissi le in the second half.

A team with lesJ;J.b;mJ..() _ _glay..eL'LlYi!Ls.electthe.s1_1lrtingJjy_&,~Ih!<,Q]2PQ.Sin -.G.®.Ch,ma.yJhen ,=~~ ~, ccc.,~- ~-

---~--- - . ... .. .. . ........... select wlifoli of the five starters can be used to fill the gap in the second 4 inutes, and then continue to do so for each additional substitution, through halftime. If e team with Jess than 1 O players has 8 or 9 players, the opposing coach cannot select the ~e player(s) to play three consecutiV\: turns. If the team has 7 players, no player s ould play four consec_utive turns: · If th·e team has 6· players, no· more ·than two players should play the entire half. Note that the opposing coach must choose to exert this right 1l the start of the second quarter, or_forego the right for the remainder of the game. I ·

' Teams will be allowed to substitute during the first 8 minutes in the e~ent a player is injured, or accumulates two fouls, or during the first .half if a play¥ is injured or accumulates 3 fouls. Again, the opposing coach has the option to pick thj substitute.

Teams with more than ten p_layers may substitute within the first 4 minute· so lqng as they have five different pl!llers available for the second 41l1_i]Juteb...This..w.cmld =mnplished

--- ····----- by substituting at the 2:00 or 6:00 minute mark, thereby splitting the stand d four mh1ute rotation between two players.

In other words, teams with more than 10 players have two options: • Rotate players in and out at four minute intervals, which results i some players

playing eight minutes in the half and some players playing four min te's in the half, or

• Rotate players at the two, four and/or six minute intervals, which 'es~lts in some (fewer) players playing eight minutes in the half and· soine play rs playing six minutes in the half.

Here is an example of how both scenarios work, assuming twelve players ( e ch represente4 by a number below):

• Substitute only at four minute intervals (four "shifts" in the half): o l, 2, 3, 4, 5 6, 7, 8, 9, IO II, 12, I, 2, 3 4, 5, 6, 7, 8

• Substitute at two, four and six minute intervals: . o 1, 2, 3, 4, 5/6 7, 8, 9, IO, I Iil2 1/2, 3, 4; 5, 6 ·7/8, 9," 0, 11, 12

~ - -

' . ' ... 3

In the first example, players 9, 10, 11 and 12 only play four minutes while players l through 8 play eight minutes. In the second example, players 5 and 6 switch at 2:00 minutes. of the first_ quarter and players 11 and 12 switch at 6:00 minutes fthe first quarter, players I and 2 switch at 2:00 minutes of the second quarter and players 7 and 8 switch at 6:00 minutes of the second quarter. This results in players 3, 4, 9 and-] 0 playing eight minutes in the first half, and the rest playing six minutes ... a fairer distri ution of time.

Subject to the injury or excess foul exceptions noted above, no player m y play more than 4 minutes in any one quarter if a team has IO or more available players. ote also that no matter the first half su!;>stitution, every player must play a minimum ofei t minutes during the game, and at least four minutes in the first half (the All Play Rule).

Note that six players are required to start a game. Once the game is start d, the game will continue despite the loss of eligible player(s) until a team has just on eligible_ player remaining.

...· ......... · ................... =-··-···-····---·········· ··-................. ·. . ·:~·- .. ··-----·-··· ········-- -- ·-·· -----.. -. ----=--· ······ .... - .. -

ELIGIBILITY OF TEAMS.AND PLAYERS Rosters must adhere to CYO Athletic Program rules, including but no limited to the ~~q: I

Every team .must qualify with the follow criteria: · · ll I. The Coaches are Rutgers certified. 2. The Coaches have been through Protecting God's Children. 3. The Team completes a team service project that is signed off b the person or

agency for which they performed the service. ,

Age Limitations: ·• Any child who is 15 years ofage prior to September I of the cu nt school year

-- ... . .. . _ .. ·-·-.

is not eligibl~_!Q. ~..J.llP~~in 7/J!...grade baskeJ.!,_s!lL. .. _ --··-··-· __________________________ _ --------.---····· -- .. -- ·---- • Any child who is 13 years ofage prior to September 1 of the curr nt school year

is not eligible to compete in 5/6 grade basketball. · • Any child who is 11 years ofage prior to September 1 of the curr ntschool year

is not eligible to compete in 3/4 grade b1!5ketball.

ROSTERS We rec(im.mend teams have 10 or more players.- A minimum of eight play rs is required on each team roster. A player can only be on I roster, as filed with the hdiocese. A ·maximum ofl5 players is allowed on the roster but if more is needed, it will be considered · on an individual basis. All roster players must 'play a minimum of 50% f the regular season games to be eligible for the playoffs. Coaches should save r gular- season scorebooks to prove·the requirement. ·

Rosters must be submitted by th'e first game played with each player's ame, grade, School attended, CCD program, date of birth and eligibllity certificatio

.. ,,·

i 4 It has _been broug~t t? our ~ttention that some player~ may be playing rJr more than_on~ team m CYO. 11us JS agamst the rules. If a player JS recorded on twd rosters (which JS

against the rules), whatever team the player has played for first is the r~ster that player is Jocked into for the entire season. _ _ I ·

Note that six eligible players are required to start a game. Once the ga\ne is started, the game will continue despite the Joss of eligible player(s) until a team ha just one eligible player remaining.

There have been some coaches that have called the League Coordinat r, in a bind, and asked if they can take some players from another team in their Parish, be ause they did not have enough to play the game. This is the only reason that the league "might" accept a roster change. The CYO League Coordinator will allow it for re~lar season games only because we do not want to re-schedule. But it must be under the following criteria:

,-~ -~ ----·•·-· _ -, ,., .• A~} !:e,~ffie C:()o~d.i_J? a~C>~ _11111st_ lgJ<;):\Y_l:\t]e_a§JJ~.P@rg,P..Q9i;f P..J}J,(l,Q@~§t~ .• ~~~---=-=~-·~--=--~-..... --~-~

B) The player(s) ·taken/used cannot be from a team in the same or a higher qualified division. Red division teams can ask Blue and/or White division player . White division teams can ask for Blue division players. A player from a younger group ay also play up. Pee ·Wee can play JV and JV can play Varsity. A Pee Wee player cannot Jay in a Varsity game.

C) Your Athletic Director, opposing coach and AD are also informed by mail at least 24 hours prior to the contest

We will penalize any team that h

I. The coach and piayers will be banned from further games in the c rreqt season. _ ·-· ·-· _ ... _ .... _ ...... _?,. The team will ]!Ot be able to partici3?ate in the.Qlayoffs. ______ ,_ · _______ .......

The entire Parish will be on probation for this year and future years until. rther notice.

In general, all AD's must supervise the coaches in their program. t is the AD's responsibility to make sure they are doing everything right.

. I

If you f.~I a tellnl might be violating a rule, you must 'email the League boordinator the facts of the ·situatio,n. We do not deal with ''HEARSAY," especially frof.1 parents.· We need facts and figures. You will not send the League Coordinator on a· WJld goose chase without all the facts. If you cannot stand behind ·your accusation or inqu[, then do not bring it to our attention. . · .

GAMEBALL . · The use of the small youth or women's ball (28.5'') is mandatory for JV and ali Girls games and a full size ball must be used for Boys Varsity games. The ball m1 be leather or synthetic leather. . . · . .

1

.

I..._'

5 ·Tue Home Team will provide a .game ball for each game. WE O NOT WANT PLAYERS OR FANS BRJNGING PERSONAL BASKETBALLS - lease have ONL y THE COACH bring Team Balls for the teams to practice with. We w t to avoid a safety issue with balls rolling onto the court during the games.

Fans are also discouraged from playing on the court during any sto page in play.

OFF1CIALs·· . i

Two referees per game - $45 per official. Each team pays one official before the start of the game. Please pay by cash. NO VOUCHERS WILL BE ACC]1PTED BY ANY OFFICIAL FOR PAYMENT. I .

I FORFEITS Game time is forfeit time. Any team that forfeits a game is responsible for paying both referees .

.. .. . . .. .. . ·.·. _ ..... __ Note: The team_.fuat is,at_the game does not v,ax,_an;x officials,_ ----~--- ......... -................ --------=--==-=---=---=---=------.-. . . ·two· (2) checks for $45.00 each ($90.00 total) must be mailed to To y Chodan at his·-----

address below prior to your next game or_you may be removed om the league immediately.

ASSIGNOR·OF OFFICJ:ALS Tony Chodan, Assignor of Officials, 57 Galloping Hill Road Elizabeth, NJ 07208. Cell- (908) 451-5596 I

.SCORES AND ST AND IN GS I _The winning coach is to report the scores no laterthan.24 hours after the ~ame. See league web site for details. · . l

----- ----------------------~~~==~=------------------------- ------- ------- - - . --- -- - ---- -- -- ..... LINEUP CARDS/SHEETS Coaches must give a copy of the game lineup-sheet to the opposing te scorer prior-to the start of the game. This gives you more time to coach.

UNSPORTSMANLIKE CONDUCT

. ----··- ·--------·-·-- - .

and/or official

If there are unsportsmanlike incidences by players, coaches, team or ·fits, the League Coordinator may place the players, coaches, tefil_ri arid/or fruis on pi-qpatio for the si.iii,son and possibly future seasons as decided by-the League Coordinator. Ifthe_p ayers, coaches, team and fans under suspension commit a second occurrence, they will b~ expelled from the league for this, and possibly future seasons. Let's remember that the I ague is for the kids.

TECHNICAL FOULS Any player or coach who receives two technical fouls during a game will ot be allowed to participate in the remainder of the g!lllle as well as their next two schedul d games-two (2) game automatic suspension. Ejected players also receive a subsequen two (2) game automatfo suspension. · · ·

·1

The suspended coach and or player will not be allowed in the gym durink any games from 6

which_ they are ~uspende;i, If a coach le_aves the game as the result oqechnical fo~Js and there 1s no cert1fieq assistant to talce his or her place, the game shall be a forfeit. If a . suspended player and or coach participates in a league contest durin their suspension period, that game will be forfeited and the individual will be expelled fr m the league until further notice. The expelled coach or player's parish will also be on pro ation until further notice.

A scoreboard and scorebooks will be used from start to finish. The Home team will be the official book. All teams are to hand the official scorer at the table a CTPY of your game roster. The game roster will have all your players' full names and uniform· numbers on it so it can be transferred into the official scorebook. Failure to comply ma)y deem the co~ch unsportsmanlike. '!

I PRESS RULE . I Red Divisions for JV Boys, Varsity Girls and Varsity Bpys.~""c.~=l· ·•=--=-""····=··-~:~ .. ~ .. ~.~·-'·=7-,·.,···~···=-.--

. ·---,~ .. ~~~. --~'Xrull couffpresii wiffbe allowed foi- the entire· game unless one team l. ads the other by ... . 15 or more points. The team ahead must then drop back to at least the ivision line (half

court). The defensive team ahead by 15 or more points must allow the ffensive team to get over half court. The trailing team may still press.

White Black & Blue Divisions· for JV Bo s Varsi Girls and Varsi Bo s No full court press will be allowed during the first half of the game. A ful court press will be allowed for the second half of the game unless one team leads the other by 15 or more _points. The team ahead must then drop back to at least the division line (jialf court). The .defensive team ahead by .15. or more points must allow the offensive teamlto get over half ·court. The trailing team may still press.

. .

:Red & White Divisions for JV Girls . · No full court press for the first three filCJ!!arleJll ofthe_g~i;,_~ __ fµJL@ rt]mlSS.:W.iJlk_. ________ . ______ _

---· - ·· -··- -·--- .iiflowea dunng tfie41ir(iuarter ofiftegame uiiTess one team leads the othe~y 15 or more points. The team ahead must then drop back to at least the division line (ljalf court). The

defens.iv. e t·e·am·· . ahead b.y 15 or more p.oints must allow the offensive team[to get over half court, The trailing team may still press. ·

TIMEOUTS . There will be three 60 second timeouts !!]ld two 30 seconcJ timioouts per g e, which can be·c~ed over to overtime. An additional, full 60 second.timeout will be ted for every overtime period. No cheerleaders are allowed to run on the court for a ch er during a 30 ·second timeout,

SCORING If the gym in which you are playing has a 3 point arc, it will be used and th 3 pointer will be counted. No imaginary lines will be permitted. ·

MERCY RULE . . ~ All teams are encouraged to keep scoring to within 25 points. Any team at wins by 25 points or more is subject to the lopsided score rules and guidelines.

I . .

--- .---- ·.

7

FOUL SHOTS All foul shots must be attempted from behind the foul line. We do allo the N girls to fall ove~the line without violation provided, in the official's opinion, they ate not trying to gain an advantage on an errant shot to rebound. · I .

I •

UNIFORMS Team uniforms wilJ match in color, style, and contrast. If a !-shirt is to be worn under the uniform top, it must be white, gray, black or the primary color in the earn uniform. All team members must wear the same color t-shirt, or individual players can choose to riot wear at-shirt. ·

All uniform shirts are to remain tucked in and the shorts are to be pulle up for the entire ' game. Failure by a player to comply may be deemed unsportsmanlike apd technical fouls

may be applied. Coaches, it is your responsibility to make sure your pla)j~rs are uniformed

··· . .!J,rJ_l;~f.!x;~---.,-.-.,··-···=""''-'''·=~"··~"~ =-,,-,~·.,.,.,.-, , .... ,. ,--~,~--=-=~,,-.,=.~~,·-~'·'""' "' .. , .. ' .. ,., -~-,~ ............... .

If your team does _not have reversible jerseys, IT IS MANDA TOR THAT YOUR TEAM'HAS PINNEYS. IF OFFICIALS REQUEST THEIR US , THE HOME TEAM MUST WEAR TIIE PINNEYS. ' . I

' ' JEWELRY I No jewelry can be worn. Wearing Band~Aids applied over earrings is not µcceptable. Ears should be pierced before or after the season. Please tell the parents thl!t taking out the starter earrings for I hour will not hurt the process. . \

I ~w . I

. !All Site Managers must report to the League Coordinator no l~ss than 2 I hours prior tci · a :weather cancellation. The League Coordinator will make the final decisi n and email the athletic directors for them to _get to to:t!ch ~t:h.!h.'<lrJ!l.filllS._T!rn.L.<w,w_ o.m:llinatllr-will.... ... __ ... ______ _ aiso-post the cancellation on the website.

FINAL DECISION . . ~ . Any issue that might arise durini:; the season, not noted as a rule or by-la or in print of any kind in this league, will b·e decided by the Coordinator of this lea e and thus the Coordinator's decision will be final. 1

1 . . . . . . . . I

The Union County, NJ CYO Youth Basketball League should take prec dence over all other leagues. Teams will not be allowed to postpone ·or· move any · es within the schedule for other than weather related reasons. Games not played wil be subject to forfeiture. with a Joss incurred by one or both teams. At thei direction of the League Coordinator, exceptions may be considered. ·

Rich Donovan, UCNJ CYO Youth Basketball League Coordin ~or [email protected]

Office -201-998-0081! ext 4150 Cell-908-447-4948

www.leaguelineup.com/uccyo

' -

EXHIBITX

Susan B. McCrea Attorney at Law

24 Prospect Street Westfield, New Jersey 07090

Telephone: 908-232-2122 Facsimile: 908-232-4351

Email - [email protected]

Charles H. Brandt, Esq.

(1968-2003)

Via Hand Delivery and Facsimile 973-497-4249 Dr. Margaret Dames, Ed.D. Sr. Patricia Butler Office of the Superintendent of Schools 171 Clifton Avenue Newark, NJ 07104-0500

Re: Phillips v Archdiocese of Newark

Dear Dr. Dames & Sr. Butler:

December 1, 20 I 6

This office has been retained to represent Scott Phillips on behalf of his minor children, S,._., Phillips and B · · . It is my understanding that Mr. Phillips and his wife met with both of you on Tuesday, November 22, 2016 after making at least six (6) requests over the past six months requesting this meeting as well as requesting other information. Enclosed please find copies of letters dated June 6, 2016, June 8, 2016, June 15, 2016 June 27, 2016, November 8, 2016 and November 18, 2016 detailing serious concerns and issues expressed as to St. Theresa School.

It is also my understanding that the information previously asked for still has not been provided. The information being requested includes but is not limited to the following:

1. The written policy of how the valedictorian/salutatorian is computed. (This would include how the Advanced Math class is weighted, together with exactly how it is calculated with back-up figures.)

2. Specifics about the existence of any CYO and/or St. Theresa School rnle which would prohibit Sydney ( or any female student) from playing on the ?'h Grade Boys Basketball team when that stndent displays the required physical talent.

3. How the school will handle bullying.

From the correspondence supplied to me, it is apparent that there has not been any investigation into the current Athletic Director at St. Theresa's desire to dismantle the Girls' program for the past two (2) years. <:y I $1' .as been a student at St. Theresa's for nine years and along with her

athletic abilities, she deserves to play basketball on her school team and the law would support this as well.

Also, after reading the correspondence, it is apparent that those in authority at St. Theresa's have violated the very provisions of its Handbook which addresses harassment and bullying. This violation by school authorities has resulted in the repeated re-victimization (beginning last year and continuing this year) e,f fl; 1 1 because the child stood up and reported inappropriate behavior ( even though I am told she was wrongfully precluded from doing so initially by the faculty at St. Theresa). It also appears that B4iillthas had to pay a price for his sister's reporting of that incident.

As for basketball, after review of the con-espondence dated November 23, 2016 that was sent to Mr. Phillips and his wife, there is clearly no rule which precludes s,..., from playing. The fact that three (3) men have denied __ , this right to play in the absence of any rule is discrimination in violation of Title IX 20 US Ch. 38 Section 1681 et seq. as well as relevant NJ statutes and case law. St. Theresa's already offers co-ed sports and there is no reason why that offer should not be extended to basketball other than discrimination. Given that St. Theresa's is the recipient of government funding it is subject to both federal and state law on discrimination.

It is also my understanding that the current Principal at St. Theresa does not object tr SJ I ; playing, but that he was "told" by the male Athletic Director at St. Theresa this is not allowed without being able to cite to any Rule or precedent to the contrary. Even more disturbing, this denial appears to have been done in retaliation because Mr. Phillip's wife came forward last year and again this year about his improper conduct. S1 I ; is an outstanding basketball player who wants to play for her school.

Finally, I have been informed that every time Mr. Phillips and/or his wife request information or specifics about who is in charge, they are told by whomever they are speaking with at that time that it is not his or her responsibility. This denial ofresponsibility and accountability is of additional grave concern and also appears to be a clear attempt to give them the "runaround".

I do intend to file an Order to Show Cause in Court tomorrow unless I hear from you or your legal representative by the close of business today. s,-.,has tried for the past several weeks to sign up for basketball and has been prevented from doing so. The first game will be happening this weekend so time is of the essence. I hope that these issues can be resolved without the Court's intervention.

SBM:dsb Enc. CC: Cardinal-Elect Tobin

Mr. Scott Phillips

EXHIBITY

LAW OFFI I ES OF SUSAN B. MCCREA 24 Prospect t Westfield, N 07080 Phone:(908) 32-2122 . Fax: (908) 2 2-4351 Attome ID# 08581987

SCOTT P LIPS, AS GUARDIAN AD LITEM, ON EHALF OF S.P AND B.P

vs.

ARCHDIOC SE OF NEW ARK, ST. THERESA S HOOL, JOHN DOES 1-5, JOHN DOE OHN CORPORATIONS 1-5,

Defendants

I ri~C~avccJtFl~D) " DEC - 2 2016 , ,, l •. l ). : _ ~-c.¾,iiifcifNi:w,~~ 1 Ll::'~!tt7 ~~yic1).l~~

SUPERIOR COURT OF NEW JERSEY CHANCERY DMSION, ESSEX COUNTY

CMLACTION VERIFIED COMPLAINT

Plainti residing in the Township of Scotch Plains, County of Union, State of New

Jersey, says:

FffiSTCOUNT

1. pon information and belief and at all times herein, Defendant ARCHDIOCESE

OF NEW ARK ereinafter Archdiocese) is a corporation organized and existing by virtue of the

laws of STATE F NEW JERSEY and with its corporate offices located in Essex County, NJ.

2. U on information and belief and at all times herein, Defendant ST. THERESA

SCHOOL (here· after School) is a corporation organized and existing by virtue of the laws of

the State of New ersey with its location in Kenilworth, NJ.

3. At all times herein, B.P. and S.P., minors, were students in good standing at the

School;

4. Be · · g in the early 2016, S.P. made numerous reports to her homeroom

teacher about inap ropriate sexual behavior and harassing behavior that were trucing place in this

classroom;

5. When these Complaints were not properly addressed by the homeroom teacher,

S.P. made n erous reports to her homeroom teacher to see the School Principal. These

requests were denied by this teacher;

6. Finally when S.P. was in another class, she and others were permitted by another

these incidents to the Principal;

7. cidents continued to occur, S.P. continued to report them and was taunted by

various School personnel and/or its affiliates for doing so;

8. en these incidents were not properly addressed by the School, Plaintiff and/or

his wife contac ed the School on numerous occasions and met with School personnel to no avail.

The School an or the Archdiocese failed to properly address these occurrences despite repeated

requests from p mntiff and his wife;

9. S ortly thereafter, B.P., who was an outstanding student in this School.and who

was·in the" · g to be the Valedictorian, received a "subjective" grade from S.P.'s homeroom

teacher, which as by far lowest grade he had ever received. Thereafter points on subjective

parts of exams fr, m this teacher were taken off, thereby affecting his grade;

10. ·s conduct was also brought to the Principal of the School's attention and as a

as made by Plaintiff for computation information before the Valedictorian was

announced. The rincipal granted this request;

11. Th Principal failed to grant this request and called Plaintiff 2 school days before

graduation after1h results were computed. B.P. was not the Valedictorian;

12. Wh n Plaintiff expressed dismay that the Principal had not kept her word, she

called the Police, ho were waiting for him at the School when Plaintiff arrived to pick up his 3

children;

13. Plaintiff requested a meeting and together with his wife want to the School. The

School refus d to give them any specific information despite the representation to the contrary

and despite th fact that the School had disclosed this information in the past;

14. Subsequent attempts to contact the Archdiocese and/or School to requesting this

information d information related to investigation and bullying and harassment policies were

efore graduation and over the past 6 months;

15. e sexually inappropriate behavior co;tinued into this year and also a threat of

· g a threat to bring a weapon to school was made in S.P's class, which she

reported togeth r with another student;

16. ~hortly thereafter, only S.P. and the other student were excluded_ on School

property from vehicle which was owned by the parents of the student at a "trunk or treat"

event. The en evening S.P. was taunted by these parents on School property which was

reported to the School by the Plaintiff the very next morning. The School refused to do

anything;

17. S. continues to be re-victimized which the School and the Archdiocese does

nothing;

18. S .. is also an outstanding athlete and has played Basketball at the School for

years;

19. Th Athletic Director (hereinafter AD) at the School acted improperly and I

dismantled the G' Varsity Team this year;

20. s improper and discriminatory conduct by the AD began last year but the

Team was saved ough efforts of Plaintiff and his wife together with the Archdiocese and St.

Theresa Church;

21. 1bis year, the Archdiocese refused to make any effort to save this team, suddenly

denying resp nsibility;

22. 1bis year, Plaintiff and his wife made repeated attempts to contact the School, the

Archdiocese and also St. Theresa Church to save this team due to the improper and

discriminate conduct by the AD. They also requested an investigation. All individuals at

these entities ave refused to provide information and/or to investigate as to the proper contact

person despite repeated attempts by Plaintiff and )lis wife and have repeatedly advised them to

contact the oth r;

23. ince there is no Girls team, S.P. made a request to _play on the comparable 7th

grade Boys te There is no doubt that she would be a starting member and perhaps the best

player on this te

24. espite the fact that the Rules do not specifically exclude participation, the

Archdiocese an School refused to place S.P. on this team and returned her Registration form;

25. D spite repeated requests for a specific Rule barring play by S.P., none has been

provided;

26. male CYO program director, with whom Plaintiff had a subsequent

conversation sco d at this request;

27. male Principal and AD denied this request although Plaintiff's subsequent

e Principal has revealed that he does not have. a specific objection;

28. Pl · tiff and his wife also contacted the Archdiocese on numerous occasions and

attempted to sched e meetings at various times. It took over 6.montbs for the Archdiocese to

grant this meeting equest with the Superintendant and the Union County Director, which just

took place last wee . However nothing was done and no documents which have been requested

for months w~re provided with the exception of part of the CYO basketball rules which were I ,

provided days ~o despite repeated prior requests for same;

29. The Superintendent also denied any responsibility for the Basketball request and

failed to provi e any contact person at the Archdiocese despite repeated requests at this meeting,

which took pla e in the Archdiocese building;

30. e CYO basketball rules do require that additions to the. Roster be done by the

first game, whi h upon information and belief is occurring this week-end;

31.

32.

pon information and belief, the Archdiocese accepts Federal funding. Therefore

· ect violation of Title IX and S.P. has the right to play for this team.

erefore it is requested that this Court grant a preliminary injunction and place

effective today as irreparable hann would occur due to the fact that the season

33. S .. has the right to play for her School and is being improperly deprived of the

right-to do do;

34. Th Defendants, John Does 1-5, and John Doe Corporations 1-5 are fictitious

names used for thr purposes of pleading and are intended to represent any and all parties and/or

individuals whose\idehtities are presently unknown to the Plaintiff, who, together with the named

Defendants, were esponsible;in any way, for any of the aforementioned;

35. De ndants have violated Title IX, the NJ Law against Discrimination, the NJ law

against Bullying d Harassment, and have also failed to follow various policies established;

36. have also failed to. comply with demands for information and for

investigation, as 11 as to properly address incidents which occurred.

, the Plaintiff demands all reliefs requested in the attached Order, jointly

and severally, incl ding specific performance, removal of personnel, damages, rescission of

Federal funds, costs of suit, and such other relief as this Court deems appropriate and just.

Dated: / !:z,l :;)_ 11 {o A,ESQ.

Attorney for Plain "ff

I CERTIFICATION

The undersignid certifies that to the best of her knowledge this matter is not the subject of any

other pending ~ction in any Court or of a pending arbitration proceeding and that no other action . l

is contemplate at this time.

· · 1 furthe ··certify·that all confidential persona! identifiers have been redacted from '· ·

documents no submitted to the Court and will be redacted from all documents submitted in the

Plaintiff ereby designates Susan B. McCrea,· ESq. as the trial counsel in the within

action.

Dated: r~I I \ l &

})°' lO

CERTIFICATION AND VERIFICATION OF NON-COLL SION

I am the Plaintiff in the foregoing Complaint. The allegations o the Complaint

are true to the best of my knowledge, information and belief. The Comp aint is made in

truth and in good faith without collusion for the causes set forth therein.

I certify that the matter in controversy is not the subject of any other action or

arbitration proceeding now or contemplated and no other party should b joined in this

action.

I hereby certify that the foregoing statements made by me are e. I am aware

that if any of the foregoing statements made by me are willfully false, .am subject to

punishment.

DAIBD:

. i!i½1~qli1~~ ' of:unt\le85Ey c~ .<\i-;;,;.~ , '""1"'=,.UW4",I, ' ._.,

\>at l l

EXHIBIT Z

Christopher H. Westrick, Esq. (043721997) CARELLA, BYRNE, CECCIB, OLSTEIN, BRODY & AGNELLO, P.C. 5 Becker Fann Ro.ad Roseland, New Jersey 07068 (973) 994-1700 Attorneys for Defendants The Roman Catholic Archdiocese ofNewark (i.p.a. Archdiocese of Newark) and St Theresa's R.C. Church (i.p.a St. Theresa School)

SCOTT PHILLIPS, AS GUARDIAN AD LITEM, ON BEHALF Of S.P. AND B.P.,

v.

ARCHDIOCESE OF NEWARK, ST. THERESA SCHOOL, JOHN DOES 1-5, JOHN DOE JOHN. CORPORATIONS 1-5,

Defendants.

. I

SUPERIOR. COURT OF $W JERSEY CHANCERY DNISION: !ESSEX COUNTY

I

DOCKETNO.: ESX-C-2j8-!6

I ...... -· --·-·-- -.----·- ············-···

i CivilAc~bn

• I

CERTIFICATION OF REV. MSGR. THOMAS P. NYD~GGER, V.G.

REV. MSGR. THOMAS P. NYDEGGER, V.G., of full age and uppn his oath declares

as follows: i

I. I am a member, the Vice President and Vicar General and M~derator of the Curia I

of Defendant Roman Catholic Archdiocese of Newark (the "Archdiocese")) a defendant named

in this action.

2. I am also a member and Vice President of St. Theresa's R.C. phurch, Kenilworth,

. New Jers,;y ("St. Theresa"), an Archdiocesan parish. St. Theresa owns an4 operates defendant

· ·st. Theresa School. St.. Theresa School does not have separate legal existenJ from St. Theresa.· I

3. I subwt this certification in opposition to Plaintiff's applic~tion for preliminary

relief in the above-captioned matter.

-~-,

I

4. The Archdiocese and St. Theresa are separate and distin~t New Jersey civil

,corporations.

5. The Archdiocese does not own, operate or control St Th~resa or St. Theresa

School. ' '

. t 6. The Archdiocese is a New Jersey religious corporation incoh,orated under Title

' 16 of New Jersey Statutes. Its offices are located at 171 Cliftoi-i Avenue, Newark, New Jersey.

It employs more than 200 people at the site .. The Archdiocese is comprised pf 511 square miles ;

·· · ·within-Essex-,-Bergen;-Hudson·and-Union-Gountiesa- -- -- · · · · -·-· ........ ---- ................. ! i

7.

purposes.

The Archdiocese was formed exclusively for religious, charitatle, and educational

I

8. The Archdiocese's Certificate of Incorporation was filed 9 the Essex County I

Clerk's Office on October 29, 1908. A Certificate of Change of Nrune[ (from the Roman ·.. i .

Catholic ])iocese of Newark to the Roman Catholic Archdiocese of Newark) was filed by the ,· ) ' I

Archdiocese on April 9, 1981 in the Essex County Clerk's Office. 'Ifrue copies of the . . i

Archdioc~se's Certificate of Incorporation and Certificate of Change of ~ame are attached . '

hereto as Exhibit A. .i

9. The Archdiocese is exempt from Federal Income tax under stction S0!(c)(3) of . • . I

the Internal Revenue Code. A true copy of IRS correspondence from Jeffery,. Cooper, .Director,

Exempt Organizations Rulings and Agreements, dated May 27, 2016, and a c1py of the pertinent I

parts of The Official Catholic Directory are attl\ched hereto as Exhiblt'B. '

IO. St. Theresa is a New Jersey religious corporation incorporate~ under Title 16 of

New Jersey Statutes. It.is located at 541 Washington Avenue, Kenilworth, Ne~ Jersey.

i

2

I

I

11. St. Theresa was formed exclusively for religious, charitab~e, and educational

pUiposes.

12. St. Theresa's Certificate of Incorporation was filed in the uJon County Clerk's i

Office on July 9, 1945. A true copy of St. Theresa's Certificate of Incorpbration is attached

hereto as Exhibit C.

I certify that the foregoing statements made by me are true. I under tand that if any of

the foregoing statements made by me are willfully false, I am subject to punisilment.

Dated: December J.!L 2016

····~o~······· REV.MSGR. TIIOMASP. · GER, V.G.

I

#6306Jlv2

I

3

EXHIBIT AA

Donovan, Richard

From: Donovan, Richard Sent: Tuesday, November 01, 201611:17 PM To: 'Anh Bui'; [email protected]; [email protected]; [email protected];

[email protected] · Cc: Donovan, Richard; Conboy, Tom Subject: RE: STS Girls Varsity Basketball Atta·chments: text convo pic.png; phone convo picjpg

·on Friday morning.October 28th Divisions would be Jocked and Steve would start his prep In making the scheduling packets for each program. With 19 programs this will take him almost 5 days to do. T Is would Include all matchups, divisions etc. ·

Saturday November 5th would be the scheduling meeting at St. Agnes- 8:3Dam start. I

So J get that she wants to Jive In the past and use that as her reference ... but we are usl g a different tlmellne this year. One that the deadline passed a week ago and that volunteers have been working for 4 days now to prep f~r this weekend for.

After speaking with my Boss tomorrow I will make the recommendation that our Office , ring this to the attention of Jim Goodness and the Communications Office tomorrow. I unfortunately do not see this ge Ing any better before It gets worse and J honestly dqn't know how far she f)lans to take this. I Just want to make sur If she reaches outto anyone In chancery he 1s·versed on'.the st.ibJect. . . . . . l . ·

.. 1.·.;,11, .a lso..def.etlcuny"8Dss~s.ao.cLJim;sAbaugbts,a od,declsions,ifcmy,lnvolvem ent,I n-thlsm . vlng.foiwa rd-presents,a ny-·· -'~~ conflict of Interest and If I shou Id be removed from this situation. ·

Flnally lol J Just leave you with this .. , she likes to pull the "Catholic Card" ~t the end of he email. Mlght'I remind you all that Jesus also made a whip and chased people out of the temple and flipped tables In an er- all actions he felt Justifiable.

Have a good night ... Go Cobbles I

Peace, Rich+

Rfch Donovan __ .Assoclate_DJrector,-Office of-¥outh-&--¥oung-Adult-Minlstry

Archdiocese of Newark, NJ www.rcan.org Archdiocesan Youth Retreat Center 499 Belgrave Dr, Kearny NJ 07032 Office 201-998-0088 x 4150 Cell 908-447-4948 Web: www.newarkoym.com

From:Theresa E. Mullen~ Sent: Tuesday, November 01,-2016 9:07 PM To: Donovan, Richard< ; 'Anh Bui'< I !LS$. cc: [email protected]; [email protected]; [email protected]; Jcapor [email protected];

[email protected] Subject: RE: STS Girls Varsity Basketball

This reply wlll serve as a response to the e-mails of Rich and Anh below •. Slncia there are alle atlons by Rich of what was said In a one-on-one tonversatlon that my husband had with-him today, I am copying Scott n this email. Also l have no Idea whose email ls [email protected] and would llke clarlflcatl6n.

The only reason J ever reached out to Rich Is because l was directed to do so by Fr. Joe an· Anh Bui. Rich knows that because I told him so each time. In fact, I contacted Rich for the first time last year when Fr. J e directed me to do so. Fr.

I 3

EXHIBIT BB

------·------------------------------

Christopher H. Westrick, EsC\, (04372 \ 997) CARELLA, BYRNE, CECCHl, OLSTErN, BRODY & AGNELLO, P.C .. 5 Becker Farm Road Roseland, New Jersey 07068 (973) 994-\700 Attorneys {Qr Deferipants, The 1,\rc,hdj9,~es.e ofNeyi~k and St. Theresa's R.C. Church (i.p.a St. Theresa School) SUPERIOR COURT OF NEW JERSEY

CHANCERY DIVISION: ESSEX COUNTY DOCKETNO.: ESX-C•248-16 SCOTT PHILLIPS, AS GUARDIAN AD

LlTEM, ON BEHALF OF S.P. AND B.P.,

Plaintiff,

v.

ARCHDIOCESE OF NEW ARK, ST. THERESA SCHOOL, JO!';lfi' DOES 1-5, JffitN, DOE JOHN CORPORATIONS 1-5,

Defendants.

Civil Action

CERTlFICATION OF ANtiBUI

AN'ti BUI, of full age and upon his oath declares as follows:

I. I am a lay volunteer at St. Theresa's Roman Catholic Church in Kenilworth New I

Jersey ("St. Theresa's") where I serve as th_e Athletic Director for their Roman

Elementary School's Athletfo Programs.

Catholic

2. · or over a ecade and J am the I have been involved in athletics at St Theresa's ti d

proud parent of two St Theresa's alumnae.

3. an graduated St. Theresa's School and Two of my daughters attended d

parHcipated in their Athletics Program participating in Volleyball, Basketball, and Softball.

4. Both as a parent of daughters and the Athletic Director I tr . . . • s ove and contmue to

strive to promote girls athletic teams and op"ortunities ti ti 1 . " or ema e athletes.

j

l l f

13. On November I, 2016, a week after my deadline to submit r sters, I received an

application for S.P. to play basketball insisting she play on the boy's team.

14. This application was not given to me by th_e parents ofS.P., r ther the application

was given by them to Deacon Joe, who in tum gave me the application.

15. This application was not only drastically late, as rosters and earns were already

made, but there was no girl's team to play on.

16. It is unfortunate, but there was nothing I could do to accom odate such a tardy

application.

I certify that the foregoing statements made by me are true. I under tari.d that if any of

the foregoing statements made by me are willfully false, tam subject to punis ent.

Dated: December 13/'., 20 I 6

ll6J0:567\•I

FILED JUL O 6 2018

A.C.J.C.

EXHIBIT CC

,.,

Christopher H. estrick, Esq. (043721997) CARELLA, B E, CECCHI, OLSTEIN, BRODY & AG ELLO, P.C .. 5 Becker Fann R ad Roseland, New J ·sey 07068 (973) 994-1700 Attorneys for De and St. Theresa's

ndants, The Archdiocese of Newark .C. Church (i. .a St. Theresa School)

SCOTT PHILL S, AS GUARDIAN AD LITEM, ON BE F OF S.P. AND B.P.,

V.

ARCHDIOCES THERESA SC JOHNDOEJO '

Plaintiff,

OF NEW ARK, ST. OL, JOHN DOES 1-5, CORPORATIONS 1-5,

Defendants.

SUPERIOR COURT OF NEW JERSEY CHANCERY DIVISION: ESSEX COUNTY DOCKETNO.: ESX-C-248-16

Civil Action

CERTIFICATION OF RICHARD DONOVAN

1. employed by the Archdiocese of Newark as an Associate Director of Youth

Ministry.

2.

3.

4.

oversee, coordinate, and manage all athletics for the

rwark, including coordinatiog the UGNJ CYO Basketball league.

I a,n also a parishioner at St. Theresa's Roman Catholic Church ("St. Theresa's).

T~o of my daughters attend St. Theresa's School and one participated in their

Athletics Progra , the other competes in girls gymnastics privately not associated with St.

Theresa's School

5. B[th as a parent of daughters and the Associate Director of Youth Ministry, I

strove and contin ·e to strive to promote girls athletic teams·and opportunities for female athletes.

6. y role as Associate Director is not to become involved with the day to day

7. at role is left to the Schools themselves, Athletic Directors, Coaches, and

personal respo ibility of the parents.

8. my capacity as Associate Director for Youth Ministry, it is my duty to set

deadlines for co pliance by Schools/TeamB in order to participate.

9.

10.

CYOleague.

allure to follow the rules and deadlines set out by both myself and the rules

and/or players in violation and unable to participate.

very year well over 100 teams and 1000 players participate in the Union County

11. e to the sheer number of teams and players, the rules were set up to enable. the

league to run sf oothly. Advanced planning and participation early on by all stakeholders is

imperative to thl. success of the league. No exceptions are made for an~ team or player who

cannot or will n t comply with the rules.

12. e 2016-2017 season is no different. Over 160 teams. are participating with well

over 1000 you playing basketball. Over 160 teams and 1000 players w~re able to comply with

13.

14.

Exhibit 1.

tall deadlines and obligations.

my knowledge, the league has never made an exception for even one player.

cbed hereto is a true and accurate copy of the 2016-20!7 JVNarsityRules as

15. A ached hereto is a true and accurate copy of the CYO Athletics Handbook as

Exhibit 2.

2

I certify that the foregoing statements made by me are true. I understand that if any of

the foregoing st tements made by me are willfully false, I am subject to punishment.

Dated: Decem er fl, 2016

~-----

#630579vl

7

EXHIBIT DD

Prepared by the Court

SCOTT PHILIPS, AS GUARDIAN AD LITEM, ON BEHALF OF S.P. AND B.P., .

Plaintiff, . V,·

ARCHDIOCESE OF NEW ARK, ST. THERESA SCHOOL, ET AL.,

Defendants.

. '., .. ,,.,.,,, .. ., . ., ... •-' _ ........ t ...... ;··:"7

<r: I ~ l)! !~\\ ,\_'.r '~-<lAN."' 5. 2011 \l0 . l~ . . . ; r . .,_.,., . . Cr-i nrn·..t/l.LD A, !<ESSLER, J.,., ...,, L ... : . ... .. .. . ....... . . . ........... .

SUPERIOR COURT OF NEW JERSEY CHANCERY DIVISION - GENERAL EQUITY

ESSEX COUNTY

DOCKET NO.: ESX-C-248-16

ORDER

THIS MA TIER coming before the Court on the application of the Plaintiff Scott Philips

(Susan B. McCrea, Esq. appearing) in the presence of Defendant Archdiocese of Newark and St.

Theresa School (Christopher Westrick, Esq, appearing), and _the Court having considered the

argument of counsel, and for the reasons stated on the record, and for good cause shown:

IT IS on the 5th day of January, 2017 hereby ORDERED:

I. Plaintiff's Order to Show Cause seeking preliminary injunctive relief is DENIED.

2. Plaintiff's Application for a Stay Pending Appeal is DENIED.

Honorable D'onald A. Kessler, J.S.C

1

EXHIBIT EE

Superior Court of New Jersey Appellate Division

AMENDED Disposition on Application for Permission to File Emergent Motion

Case Name: Scott Phillips as GAL for S.P. and B.P. v. Archdiocese of Newark and St. Theresa School

Appellate Division Docket Number: (if available): __________ _

Trial Court or Agency Below: ____________ --, _____ _

Trial Court or Agency Docket Number: =E=S=X==-C==-2=4=8=-1=6'----------

DO NOT FILL IN THIS SECTION - FOR COURT USE ONLY

II. The application for leave to file an emergent motion on short notice is Granted on the following terms:

A. By no later than Friday, 1/13/17, at 3:00p.m., one copy of the motion for emergent relief must be delivered to the chambers of Judges O'Connor and Whipple, and to all counsel/self-represented litigants. Copies must also be sent to the trial judge or agency whose decision is being appealed. If this is a newly-filed appeal, one copy each of the notice of appeal or motion for leave to appeal, and any in dig ency motion, must also be delivered to the judges and all counsel/self-represented parties. ·

The applicant must file the original and one copy of the motion for emergent relief with the Clerk of the Appellate Division in Trenton, by no later than the day after those papers are due to the judges' chambers, _______ . If the matter is not yet pending in the Appellate Division, the applicant must, on that same schedule, file with the Clerk's Office, attention Emergent Applications Unit, the original and one copy of a notice of appeal or motion for leave to appeal, together with the required fees or a motion to proceed as an indigent. [Note: This schedule anticipates that copies may be faxed to the judges' chambers and to adversaries, but they must be overnight mailed or hand delivered to the Clerk's Office. Failure to file with the Clerk's Office or to submit the required fees may result in dismissal of the appeal and vacating of any stays granted.]

B. Opposition must be served and filed by no later than Tuesday, 1/17 /17, at 3:00 p.m ..

C. Other terms: 19 If the trial court is going to provide a statement of reasons, it must do so by Tuesday, l;)'f/17, at 3:00 p.m. '.:

1/10/17 HON. AMY O'CONNOR, J.A.D. Date

Superior Court of New Jersey Appellate Division

Disposition on Application for Permission to File Emergent Motion

Case Name: Scott Phillips as GAL for S.P. and B.P. v. Archdiocese of Newark and St. Theresa School

Appellate Division Docket Number: (if available): __________ _

Trial Court or Agency Below: __________________ _

Trial Comt or Agency Docket Number: E=S=X=-C==-2'=4=8=-1=6=--------------

DO NOT FILL IN THIS SECTION - FOR COURT USE ONLY

II. The application for leave to file an emergent motion on shmt notice is Granted on the following terms:

A. By no later than Tuesday, 1/10/17, at noon, one copy of the motion for emergent relief must be delivered to the chambers of Judges O'Connor and Whipple, and to all counsel/self-represented litigants. Copies must also be sent to the trial judge or agency whose decision is being appealed. If this is a newly-filed appeal, one copy each of the notice of appeal or motion for leave to appeal, and any indigency motion, must also be delivered to the judges and all counsel/self-represented parties.

The applicant must file the original and one copy of the motion for emergent relief with the Clerk of the Appellate Division in Trenton, by no later than the day after those papers are due to the judges' chambers, ________ . If the matter is not yet pending in the Appellate Division, the applicant must, on that same schedule, file with the Clerk's Office, attention Emergent Applications Unit, the original and one copy of a notice of appeal or motion for leave to appeal, together with the required fees or a motion to proceed as an indigent. [Note: This schedule anticipates that copies may be faxed to the judges' chambers and to adversaries, but they must be overnight mailed or hand delivered to the Clerk's Office. Failure to file with the Clerk's Office or to submit the required fees may result in dismissal of the appeal and vacating of any stays granted.]

B. Opposition must be served and filed by no later than Friday, 1/13/17, at 3:00 p.m ..

C. Other terms:

If the trial court is going to provide a statement of reasons, it must do so by 1/13/17, at 3:00 p.m.

·'!J)(l. 1/16/17

HON. AMY O'CONNOR, J.A.D. Date

EXHIBIT FF

ARCHDIOCESE Of NEWARK SECRETARY FOR CATHOLIC EDUCATION/SUPERINTENDENT OF SCHOOI.5

],'_,_,;]{'t'!''··,i

February 1, 2017

Re: S}dli j iii, and K

Dear Mr. Phillips and Judge Mullen:

On August 30, 2016, you executed the attached Acknowledgement of the 201 -17 St. Theresa's Parent/Student Handbook. At page 14, the Handbook sets forth th following:

The fact that a student has been registered at St. Theresa School lndicat s that its rules, regulations, and consequences have been examined and accepte by parents and guardians .

• • • If a parent Implicates St. Theresa School in a legal matter, or names St. eresa School as a defendant in a civil matter, the parent/guardian will be reque ted to remove their children Immediately from the school.

I have attached a photocopy of page 14 for your reference and a copy of your signed acknowledgement and receipt of parent/student handbook.

Based upon your ongoing lawsuit against St. Theresa's, pursuant to this provi ion of the Handbook you are hereby requested to remove Sydney and Kaitlyn from the chool immediately.

We wish Sydney and Kaitlyn good luck with their future endeavors. Thank yo .

Very truly yours,

11(~0. .:©~ Margaret A. Dames, Ed.D. Secretary for Catholic Education/Superintendent of Schools

Attachments MAD/lk

ARCHDIOCESAN CENTER 171 Clifton Avenue· Post Office Box 9500 ·Newark· New Jersey 07104-0500 • (973)-497-4260

Racial or Ethnic Harassment • Telling jokes with racial or ethnic targets • Exclusion due to racial or cultural group I!le)llbersbip • Racial or ethnic slurs • Verbal accusations or put downs • Public humiliation • Destroying or defacing property due to racial or cultural· group membership • Phyfical or verbal attacks ·due to group meinberabip

Actions that violate the law, threaten or cause harm to another student or staff mem ers, disrupt or impede the welfare and progress of the school community, or bring discredit to th school will not be tolerated. Such actions or other severe violations of school ivies may result • immediate expulsion. If a student persists in violating basic obligations of courtesy, conslde on, respect, cooperation, or safety, a conference will be scheduled with the Principal, parent, and tudent. All subsequent discipline, counseling, consultation, and corrective action plans will viewed as positive home-school efforts to help the student to improve behavior. If these coope ative efforts of parents and school staff prove ineffective, the student will be subject to expulsio or may be denied re-admittance to the school. Parents should be aware that some barassmen might have legal consequences: If a student's behavior ls generally disruptive and uncooperative, it will be necess to ask the parents to choose another school for the child. We cannot sacrifice the education f the whole class because of the disruptive behavior of one student.

> Conduct )> General Rules/Consequences )> List of Offenses > Documentation

Conduct The students of St. Theresa School are expected tQ behave in a manner that w)ll refl t favorably on the school during school hours and at any out of school activity. Stud ts will take responsibility for their actions by accepting any disciplinary action as described in · SCHOOL DISC!]'LINARY PLAN.

The fact that a student has been registered at St. Theresa School indicates regulations, and eonsequences have been examined and accepted by patents and expected that the judgment of school authorities concerning the discipline of the respected and supported by parents and guardians. If conflict arises, parents and expected to discuss the problem privately with those eoncemed and not in front of other parents or guardians.

If a parent implicates St. Theresa School in a legal matter, or lll!Illes St. There defendant in a civil matter, the parent/guardian will be requested to remove immediately from the school.

14

St. Theresa School Kenilworth, NJ

Acknowledgement and Receipt of Parent/Student Handbook 2016--2017

I aoknowledgc receipt of the Parent/Student Handbook contalnlng the policies, rules, and regulations for Sa1nt Theresa School for the 2016-2017 school year. I have read the Handbook or will read it as soon as possible. I understand and agree that the Handbook is bln ing on the students and parents during the current academill fear. I u.ru.lerstand and agr e that the Administration of the S1Jhool will have the authority set forth in the Handbook.

I understand that the policies, rules, and regulations contalned in the Handbook ere established for the welfare and benefit of the students. 1 understand my respomibillty to suppo the school in the policies It has established and to see that my child adh~s to the rule and re atlons set forth in the Handbook.

ADDENDUM- PLEASE READ CAREFVLLY AND INITIAL St. Theresa School reserves the right to suspend educational services if flnanclal o 11 the school are not met. This includes, but is not limited to tuition, re-registration, Home-School Allsociatlon obligations, Before Sohool/Aft,:,r School C

Naoie of chlld(ren)

S·, ! I ]?h·, tl·, f.3

.oo~

30 K-8 Parent-S dent Handbook 2016-2017

-----Original Message-----From: Christopher Westrick <[email protected]> To: sbmccreafamlaw <[email protected]> Sent: Wed, Feb 1, 2017 4:56 pm Subject: Phillips v. Archdiocese of Newark, el als.

Ms. McCrea,

As a courtesy, I am providing you with a copy of a letter from the Superintendent , f Schools that is . being hand delivered to your clients this afternoon. I believe the letter is self-expla atory but to

avoid any confusion, neither Sydney Phillips nor Kaitlyn Phillips should be comin to St. Theresa's School tomorrow morning or any day thereafter.

Christopher H. Westrick, Esq. Certified by the Supreme Court of New Jersey as a Civil Trial Attorney

Carella, Byrne, Cecchi, Olstein, Brody & Agnello, P.C. 5 Becker Farm Road Roseland, NJ. 07068 (973) 994-1700 (973) 994-1744 (Fax) http://www.carellabyme.com I [email protected] I !.!hlllc!..f.Yc=!l'.eJ,:;millilQXWsc\&!!lli.!fill!jll!Dc:iillJill!.!QJ2!.!leI::!!: westrick/

The contents of this e-mail message are from the law firm of Carella, Byrne and any attachments are intended solely for the addressees named in this message. This communication is intended to be and to remain confidential and may be subject to applicable attorne /client and or work product privileges. If you are not the intended recipient of this message, or if this message has been addressed to you in rror, please immediately alert the sender by reply e-mail and then delete this message and its attachments. Do not deliver, distribute or copy this essagc and/or any attachments and if you are not the intended recipient, do not disclose the contents or take any action in reliance upon th infonnation contained in this communi,cation or any attachments.

IRS Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that, unless e pressly stated otherwise, any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to b used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recomm nding to another party any transaction or matter addressed herein.

EXHIBITGG

EXHIBITHH

Oct 121711:03a KOLOGI * SIMITZ, Counsel! 908 486 3911

SUPERIOR COURT OF NEW JERSEY CHANCERY DIVISION: ESSEX COiJNTY DOCKET NO. ESX-C-248-16

SCOTT PHILLIPS, AS GUARDIAN AD LITEM, ON BEHALF OF S.P .. "u'ID B. p.'

p.4

Page 1

Plaintiff,

v.

ARCHDIOCESE OF NEWARK, ST. THERESA SCHOOL, JOHN DOES 1-10, JOHN DOE JOHN CORPORATIONS l-5,

CIVIL ACTION Transcript of: ,. Videotape recorded; conversation · February 2, 2017

' Defendants.

T R A N S C R I P T of the stenographic (.

Notes of the videotaped proceedings in the

above-entitled matter as taken by MARIA GEORGELES, a

Certified Court Reporter, Certified Court Transcriber

and Notary Public of the State of New Jersey.

SCHULMAN, WIEGMl".NN & ASSOCIATES

CERTIFIED COURT RE?ORTERS

216 STELTON ROAD

SUITE C-l

PISCATAWAY, NEW JERSEY 08854

(732) - 752 - 7800

Oct 12 17 11 :03a KOLOGI * SIMITZ, Counsel!

Page 2

1 PRESENT: 2 Theresa Mullen 3 Scan Mullen 4 Deacon Joe 5 Father Vincent 6 John Zimmennan,;Kenilworth Police Chief 7

3

9

10 11 12 13 14 15 :6 17

18 19 20 21 22 23 24

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

l6

l7

18

u 20

21

22 23

24

908 486 3911

Page

MS. l'v!ULLDJ: Who, S.P. or K.P.?

A VOICE: K.P .. MS. !\1ULLEN: Yeah? A VOICE: S.P. was (Indiscemib!e).

A VOICE: Two minutes. Hi. How ate

you?

MS. MULLEN: What happened, K.P.? A VOICE: V./e were talking

(Indiscernible). MS. MUU.EN: W11at dld you say?

(tndiscemiblc). A VOICE: lt was something in church.

(Indiscernible). Oh, the speaker (lndiscerrub\e).

A VOICE; Yeah. So how many years have

you been -- 18, 17? MS. JvfULLE}l: I 7 in May. 17 in May.

A VOJCE: (lndiscemib!e). 1·_;:·-

MS. MULLEN: Yup.

A VOICE: (lndiscemible).

MS. lvfULLEN: l7 in May. A VOJCE: But that's -- (lndiscemible)

they always have a story.

MS. MULLEN: 17 years in May and 2, collective years at this school.

25 25 A VOICE: She just closed the door. ::'.....-------------------l'------'-'-----'----------1\;

Page 3

1 MS. MULLEN: (Indiscernible) take him to

2 school. He needs to!~ in school on. ti.me. 3 A VOJCE: Yeah. Okay. 4 (Indiscemible). 5 {Whereupon, thefe is a cell phone ringing.) 6 A VOICE: Y.eah (Indiscernible). 7 A VOICE: Excuse me. 8 MS. MULLEN: Yes? 9 A VOICE: They wanl to speak to you and

10 the kids ln the office.'. 11 MS. MULLEN: Me and the chcldren?

12 Yeah., that's fine. Come on, guys. 13 A VOJCE: Hello. All right, we're ls going to go. (lndiscemible). 15 A VOJCE: {Indiscernible). He v,,ouldn't

' 16 let me cany it though. 17 A VOICE: {Indiscernible).

' 18 A VOICE: Hi Liam, how are you? Do you . 19 want to come in? Hi Briani with the best coat ever.

20 ; Hill 3ec you, Brian. : 21 A VOICE: {lodiscernihle). 22 A VOICE: {Indiscernible).

2J A VOICE: (Indiscernible).

24 A VOICE: S_he had a good answer the

25 other day.

2 (Pages 2 to 5)

. 2

3

4

5

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8

9

10

11

12

D

14

15

16 17

18

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,Page 5 ,

MS. MULLEN: Tiiat's the morning

assembly. A VOICE: But they never close: the

door. MS. MULLEN: All right. So they shut

the door. It's no big deal.

A VOICE: (Indiscernible). MS. MULLEN: That v..-as a long time,

John. A VOICE: What's with the

(Indiscernible)? What do you need to say?

A VOICE: (Indiscernible).

MS. MULLEN: What? (Indiscernible).

A VOICE: (Indiscernible) how cs Brian? MS. MULLEN: Scours on his way to take

him to Setori Hall Prep. 1 didn't want him to be \a.te 10 school. He's doing good.

A VOICE: (lndisccmible)? MS. MULLEN: He's running track.

A VOICE: Oh, I thought be was on the

basketball team.

MS. MULLEN: Oh, at SL Theresa's in -

oh, they've one a couple, they lost a couple.

A VOICE:'"W~ just started that a few years ago.

p.5

Oct 12 17 11 :03a

l

2

4

s 6

7

KOLOGI * SIMITZ, Counsel!

Page 6

MS, MULLEN: Yeah, he's -- I don't know

what their rcbcord is. Maybe two and three or ' something. i

A v:01CE: (Indiscernible). I •

MS1 MULLEN: Yeah. He's playmg for

St. Theresa'i. And he's-~ he made the honor roll at Seton Hall ?,rep. So he1s still doing reaily well,

1

2 3

4

5

6

7

B first honors. 8

9 A VOICE: And how mai'\y kids are in the 9

1 O school. how many (Indiscernible)? 1 0 11 MS. MULLEN: 266 freshman. He's a 11 12

13

14

15

16

17

18

19

20

Seton Scholar, and there's 23 kids in that class.

A ~OICE: It's nice. It's a nice (Indiscemib~e).

MS. MULLEN: Yeah. He loves it. He

absolutely loves it. A VOICE: What does he want to major

in? MS., MULLEN: What docs he what?

A ~OtCE: What does he want to major

12 13

14

15

16 17 1B

19 20

21 in? lt's too ~arly for that. 21 22 MS,iMULLEN: I thinksomekindofrnath 22 2 3 or something. He's amazjng in math. 2 3 24. A VOICE: (Indiscernible} not sure, you 24

908 486 3911 p.6

Page B

A VOICE: (Indiscernible). A VOICE: (Indiscernible). MS. MULLEN: AH right. That's fine. A VOICE: (Indiscernible). A VOICE: S.P .. A VOICE: Hi S.P ..

(Whereupon, there is a lot of background noise.)

A VOICE: S.P .. A VOICE: (Indiscernible). MS. MULLEN: All right. Don't worry

about it. A VOICE: [ wanted her to come. l

wanted to (Jndiscernible). MS. MULLEN: (lndiscemible) all righl.

You'll see her every day (lndiseemible).

A VOICE: Not a~ymore. MS. MULLEN: (Indiscernible). A VOICE: I guess (Indiscernible).

A VOICE: Theresa? MS. MULLEN: Yes? A VOICE: You can come in, and S.P.

(Indiscernible). MS. MULLEN: Okay.

25 know, they just -- 2 5 A VOICE: (Indiscernible) will stay out , !------'--'-"--------------+----------'----...,.C.---'---,,--J·',

l

2

3

4

Page 7

A VOICE: (Indiscernible). MS. MULLEN: Yeah? A VOICE: (Indiscernible). A VOICE: What was his narr.e, Dominic?

5 Yeah1 I thin~ his name was Dominic. 6 A v:01CE: (Jndiscemible). , A VOICE: (Indiscernible). 8 A VOICE: (Indiscernible). 9 MS. MULLEN: All right.

10 A VOICE: (lndiscernible). 11 tvts.:MULLEN: All right. So the morning 12 assembly is ?,!most over. 13 A VOICE: (Indiscernible). 14 MS. MULLEN: (Indiscernible). 1 s A VOICE: (Indiscernible). 16 MS .. MULLEN: S_o they never -- that door l 7 is usually o)},Cn? 18 A VOICE: That's always open. They 19 never close i't. 20 A.VOICE: Never dose it. 21 MS. MULLEN: All right. 22 A VOICE: Only when (Indiscernible). 23 MS.,MULLEN: Okay.

24

25 A V()ICE: (Indiscernible).

A VOICE: (Indiscernible). ,.

3 (Pages 6 to 9)

EXHIBIT II

verizon"' PO BOX4003 ACWORTH, GA 30101

Billing period Account number Invoice number

Jan 13, 2017, Feb 12, 2017

, s r

KEYLINE lll,,,l,,1lll,,1l,,,l,ll,111l,l,ll,,,,,ll,l,l11ll,1I

THERESA E MULLEN See last page for payment options and how to split your bill. Questions? Visit vzw.corn/contactus

Hi Theresa, here·s your bill for this month ..

One-time charges See page 3

The Verizon Plan X Large 12GB

Theresa E Mullen~

Theresa E Mullen

Theresa Mullen

Theresa Mullen~

Surcharges

Taxes and government fees

$55.96

e h0.61

•

..... Due March 7

Billing period Jan 13, 2017 to Feb 12, 2017 I Account I Invoice

Talk activity - continued .. ,,

----·-Feb2 8:33 AM Kenilwort , Cranford, NJ t

. -·-···----·--·----·-·--··· ·-- ------- ·-·-·· Feb2 8:34AM Kenilworth, NJ ___ .,. Cranford, NJ 5

. ······--·-····-····--···· Feb2 8:40AM Kenilworth, NJ Cranford, NJ ---·--- -----Feb 2 M1AM Kenilworth, NJ Cranford, NJ

EXHIBIT JJ

JUN/23/2017/FRI 07:45 AM FAX No, 908-276-1822

' ;. Kenilworth Police Department --- -~ , 567 Boulevard, Kenilworth, NJ 07033 -I · Phone: 908-276-1700 Fax: 908-276-1822 Mun_ Code: 2008

Investigation Report ·

";•:n~;; ~;;~!;~·1~~;;;~~;:·;. · .. -:~;~;;!";;:~-:"ii~~f ;~r'f ::~~r::1li~~~;;~~J; '.'f i:0: f-,';_~ / !fi ".of, - -·:·"·r·"'\::_:-·~-~1~ftf~~~~~Xf t:~~ ~,:~/t1tt~;f~ift-~:;;:fi:~~lf::~; . rtQ~~lit-:C~~~Y{~\f~i~,~11~~~t.~]~~11~i~t~1t~\~i ~&~~-5~%:~~ ~~:I Criminal Trespass 2C: 18-3 Street# Street Name llntersecti, n / Cross Street o-::

540 Washinnton Avenue 1------------------lBusiness I Common Location Name

St Theresa's School t!!ti~-t· - ·iffi~ntYm!lm ::~1iili:."c~~ffi1lt~i;f~.,2f'.!l!i, tf-~•-,·:~·· ' ·' '"ii, Code Contact Name#' M[ Suffix Age Sex Race IDOB

C Beirirowicz Josenh 72 M 1B 07/03/1944 Address.-- ome Phone

541 Washinnton Ave. Kenilworth NJ 07033 908-276 2220 Code Contact Name#; Ml Suffix Age Sex Race 'DOB

C O'Aaostino, Vincent 51 M 1 B 01/30/1966

SSN

Address ;ome Phon~ ..,ell Phone

541 Washinaton Ave Kenilworth. NJ 07033 Godo Contact Name#~ Ml Suffix Age Sex Race 'DOB

C Caporaso, Deacon Joseoh 68 M 1B 03/21/1948

SSN

Address ;ome Phone t;ell Phone

540 Washinnton Ave. Kenilworth NJ 908-276-7220 Godo Contact Name #I Ml Suffix Age Sex Race 100B

s Mullen, Theresa .. F 18

SSN

Address ome Phone ::ell Phone

~' . 6-UfimiOi'ifil t'.'··· :;;r,;.: -:~ ·::.!~:~:i:~-:. ;::~:-·=!,i·:\ ~.,C;\,-:~ -~:;: r_~1 ; '~- :~_;;,~_. • .'-~:~:-..· ~t2.{t~· t:l~~~if'.:~;-~ :.;~~;~:-::· ~1_j'{'.:?.S _t:? '.~:;.::-,:::%;>:-,::~ ·:: ~::-_: ,7-::~,~-:I.:'.. ~- ·:~ Valua of Stol1m Property Currency Jewelry Furs Clothing Auto isc. Total

Value of Stor,m Property Recovered

Year Make Body Type Color Registration Stata VJN

~':it~ickton and I were dispatched to St Theresa's school on the posssibility of a unv anted guest_ School officials informed us that Sydney and Caitlin Phillips were expelled from the school y1 sterday and were not welcomed back but believe they wifl arrive at school this morning with their parents, ,t approximately 0800 hrs Scott Phillips and Theresa Mullen arrived at school with their children Sydney anc Caitlin. At that point the parents were informed the children were expelled. Theresa Mullen explained that ~he did not agree with the expulsion and in the letter she received from the school it states the school "requ, sled" her children not come back to St. Theresa's. Ms Mullen explained that she is denying the schools req Jiest and her children are not leaving the school. At that time I walked back to the school office and spoke t,,

MVA Arrast DV DWI DWIQ Tow SD TRO

DSgt. Jim Gradv 29 02/02/17 SHA Ptop. levdn UOF Prst Supp X Juv Bias Pris JG

JUN/23/2017/FRl 07:46 AM FAX No. 908-276-1822 P 002

• Kenilworth Police Department

567 Boulevard, Kenilworth, NJ 07033 Phone: 908-276-1700 Fax: 908-276-1822 Mun. Code: 200

Investigation Report • I

Narrative Contlnued (Page :2) ase Number

17-02323 Deacon Joe and Father Joe (the schools admistration). They informed me to keep r Phillips and Ms Mullen in the school as they wish to talk to them about the matter. I then informed et Pickton that the school officials would like speak to the parents. Det Pickton escorted Mrs Mullen t the office to meet with the school administration and Chief Zirnrnennan. I was informed that Mr Phi/Ii shad to leave to drive his son to school. At that point Mrs Mullen met with school officials in a close door meeting as the children waited in the hal!Wa)l~t the conclusion of the meeting the school offici Is informed Ms Mullen that her children are expelled and she is no longer welcomed on the propert . Ms Mullen refused to leave. The school administration again asked Mrs Mullen numerous times to le e the property and each time she refused to do so. The school administration then asked the police to remove Mrs Mullen and her children from the school. Father Joe stated he would be signing a complain for Trespassing due to Mrs Mullen's refusal to leave the school property. Myself, Det Pickton, Chief Zim errnan and Ptl Kaverick were finally able to remove Mrs Mullen and her children from the school. rs Mullen finally walked off the school property but did so unwillingly. Father Joe was explained the complaint procedure.

OS t. Jim Grad 29 02/02/17

EXHIBITKK

JD1'i2~.12J!7/FRI 07:46 AM FAX No. 908-276-1822 P. 004

•

Kenilworth Police Department 567 Boulevard, Kenilworth, NJ 07033

. Phone: 908-276-1700 Fax: 908-276-1822 Mun. Code: 2008 _ CAD Report

Det. Pickton req a unit at St. Theresa's school. Dispatched Pt!. Kaverick who r ports removed disorderly person.

Ptl. Sean Kaverick 45 53 08:48 08:49 09:12 00:00 00:22

EXHIBIT LL

January 2017

. Dear Parents,

540 Washington Avenue, Kenilworth, NJ 07033 908-276-7220 fax 908-709-1103

We are in the process of re-registering our current students for th school year 2017-2018. We ask you to fill out the paperwork completely nd return it with the appropriate fees by Monday, February 6, 2017. Familie with outstanding tuition balances, from the current school year, will no · be accepted until the family is current We will be opening up registr , · on to new families on Tuesday, February 7, 2017. It is very important that w have your completed registration by that date so we can guarantee you a pla e in our school.

PLEASE NOTE:

Cut-off date: Students entering PK3 must be 3 years old on or before Octobe 1.

Students entering PK4 must be 4 years old on or before Octobe 1.

Students entering Kindergarten must be 5 years old on or befo e October 1.

We aim to keep tuition affordable by raising it only to cover the ne essary cost of education. For the 2017-2018 school year the increase will be a follows:

* Active Parishioner: any Parish in the Archdiocese of Newark (Re ar Church Attendance and $400.00 annual contribution to the parish is sugg sted). There is a form to be filled out by Pastors from other Parishes.

$4675.00 for on child

$8950.00 for two children

$12,725.00 for three children

---·-------),

Home-School Association: We have an active Home-School As/ociation that

supports our academ~c _pro~ra~ an~ enable_s u~ to ~eep o~r tui~~n rates affordable. Your partic1pat10n 1n this organization is crucial an11s a wonderful way for you to take an active role in your child's edu¢ation. In June, you will receive a Home-School contract which describes fundrtising opportunities available to you. Each family is required to fulfil one of the options on the contract.

I I

Uniforms: Students in grades PK3-8 are required to wear schdol uniforms. I

Our uniform company is Co-Ed uniform in Elmwood Park They will be here in the spring for fittings. You can also go to the store to purcha,se.

God bless you and your families.

Sincerely,

Deacon Joe Caporaso

Principal

!

I I I :

I I

!

EXHIBITMM

I I SUPERIOR COURT OF NEW JERSEY

LAW DIVISION: CRIMINAL PART MIDDLESEX COUNTY, NEW JERSEY DOCKET NO. MID-C248-16 APPEAL NO.

STATE OF NEW JERSEY, ) Copy )

Plaintiff, ) ) TRANSCRIPT

vs. ) ) OF

THERESA MULLEN, ) ) HEARING

Defendant. ) )

Place: Middlesex County Courthouse 56 Paterson Street

BEFORE:

New Brunswick, New Jersey 08903 Date: July 20, 2017

HON. L. ALBERTO RIVAS, J.S.C.

TRANSCRIPT ORDERED BY: BARRY J. WIEGMANN

APPEARANCES: BRIAND. GILLET, ESQ.

(Middlesex County Prosecutor's Office) Attorney for the State.

EDWARD J. KOLOGI, ESQ. (Kologi Simitz)

Attorneys for the Defendant.

CHRISTOPHER WESTRICK, ESQ. (Carella, Byrne, Cecchi, Olstein Brody & Agnello, P.C.)

Attorney for the Archdiocese of Newark.

Transcriber: Maria Georgeles,,C.C.R.,AD/T 655 Schulman, Wiegmann & Associates Certified Court Reporters 216 Stelton Road Suite C-1

Piscataway, New Jersey 08854 (732) - 752 - 7800

.!

i i

I I

I ! l I ' i ~ i

' \ ' l l l I

1 denied leave to amend the complaint as to this count

2 and some other aspects.

3 Well, as I said a moment ago, that denial

4 is without prejudice. And based upon -- I've been

5 lead trial counsel on this matter since December.

6 Based on my experience, that count is going to

7

8

9

10

11

12

13

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15

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17

18

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24

resurface. They're going to reformulate it and

reassert it. I have no doubt in my mind they will do

that. So that puts me in a precarious position.

THE COURT: Well, I assume you understand

what I'm driving at.

MR. WESTRICK: Absolutely I understand. I

just don't know --

THE COURT: Which is like, how we can

accomplish that?

MR. WESTRICK: Yeah.

THE COURT: And the question is -- and the

way we would accomplish that would be, frankly would

be if your clients say, listen, we don't want to

pursue the criminal part of it. We're content with

vindicating whatever interests we perceive to have

been injured doing it in a civil context. That's the

question for your client, and to see if their

interests --

1 as a question of unilaterally dismissing this claim,

2 this charge, the answer is no.

3 THE COURT: Okay. Well, as part of a

4 bilateral agreement, what would be the bilateral

5 conditions

6

7

8

9

MR. WESTRICK: I don't know if -- would

there be a situation, could there possibly be

circumstances under which that might be agreeable to

my client? That's possible. Like I said a few

minutes ago, I don't want to close the door.

THE COURT: All right.

10

11

12

13

14

15

16

MR. WESTRICK: I I' 11 always listen, but as a 1 ;

matter of unilateral dismissal, no, I can say that

with certainty.

THE COURT: Well, I understand that. But

that's what I'm trying to figure out. This is

17 something that you guys

18

19

20

21 Judge.

22

I

MR.

THE

MR.

don't

MR.

GILLET:

COURT:

GILLET:

know if

KOLOGI:

I don't know if we can.

What?

I'm sorry to interrupt you,

we can

Judge, there's only one person

23 who can, and it's the person -- the priest who signed

24 the complaint and he's not here. We've got everybody

EXHIBIT

pGENERAL RELEASE ;

I This General Release ("Release") is made by and among Theresa E. M4llen ("Mullen"),

i

with an address o st Theresa's R.C.

Church ("St. Theresa") (and any and all employees, agents, and/or volunteers ~ereof), with an !

address of 540 Washington Street, Kenilworth, New Jersey 07033; and the ~oman Catholic I

Archdiocese of Newark (the "Archdiocese") (and any and all employees\ agents, and/or i

volunteers thereof), with a place of business located at 171 Clifton Avenue, Netark, New Jersey

07104 (the Archdiocese and St. Theresa are hereinafter sometimes referred t~ together as the

"Releasors").

WITNESSETH:

WHEREAS, Mullen has attempted to assert claims, including bu not limited to

malicious prosecution (the "Claims") for events occurring on February 2, 1017 against the

Releasors and others, relating to alleged conduct by Releasors; and i

WHEREAS, the Releasors contend that they have significant defens~s to the Claims

including, but not limited to, defenses based upon the applicable rules and statu}es of limitations, I

and, therefore, deny any liability with respect to the Claims and any other cl~ims that Mullen ! !

may believe that she has against them; and , I

WHEREAS, the Very Rev. Joseph Bejgrowicz ("Bejgrowicz"), in his 1apacity as Pastor I

of St. Theresa, has filed a criminal complaint against Mullen, in a matter diptioned State v.

Theresa Mullen, Complaint S-2017-000023 ("Trespass Action"), filed in the Kenilworth

Municipal Court and presently pending before the Hon. Alberto Rivas, A.J.S. . in the Superior

Court ofNew Jersey, Middlesex County; and

'-- ..

! WHEREAS, notwithstanding the above, to avoid the expense, delay ai)td uncertainty of

litigation, the parti.es hereto desire to settle an~ dismiss any and all such Cl~ based upon the

events of February 2, 2017 and any other clanns that Mullen may have agaitst the Releasors

and/or others pursuant to the terms and conditions set forth herein. 1

i NOW, THEREFORE, in consideration of the promises and the mutu~ covenants and

I agreements contained herein, the parties hereto, intending to be legally boundj hereby agree as

! follows:

1. No Admission of Liability, I

The entry into this Release shaJJj not be deemed, !

taken or construed at any time or place by the parties hereto or by any other perJm or entity to be - r

an admission of fact or liability by the parties hereto, it being the understanding! and intent of the !

parties that each has entered into this Release to avoid the expense, delay ll4d uncertainty of

[s matter and any litigation by settling all claims which may have been asserted with respect to

other claims. This Release has been entered into without any concession o liability or non-

liability whatsoever and has no precedential or evidentiary value whatsoever. e parties intend

that this Release and its terms be subject to the full protection provided by Federal Rule of

Evidence 408, New Jersey Rule of Evidence 408, and all similar provisions o law (whether by

statute, rule or common law) that protect settlements or settlement

admission at trial or other use.

I comn;iunications

j i

from

2. General Release. For and in consideration of the Release, Mulltn for herself and I

her predecessors, successors, assigns, agents, heirs, spouses, partners, civt union partners,

administrators, executors and insurers (hereinafter collectively the "Mullen RI leasors") hereby

completely and unconditionally releases and discharges the Releasors and 4eir predecessors,

==, "'18"' Md Jreus Md '1rei, pa,< Md present -1-~-2

adnrinistrators, officers, managers, directors, shareholders, cardinals, arch~ishops, bishops,

pastors, priests, deacons, nuns, brothers, sisters, trustees, members, emplorees, volunteers,

agents, attorneys, insurers, representatives, parishes, schools, parent corp~rations, holding I

companies, subsidiaries and affiliates (hereinafter collectively the "Church Relpasees") from all I

actions, causes of action, suits, debts, dues, sums of money, accounts, reckonihgs, bonds, bills,

specialties, covenants, contracts, controversies, agreements, promises, variahces, trespasses, !

damages, judgments, extents, executions, claims and demands whatsoever in 1iaw, admiralty or I

equity, whether now known or unknown, vested or contingent, accrued or yet ~o accrue, which I

/

against the Church Releasees, the Mullen Releasors can, shall or may, have for, upon, or by I

reason of any matter, cause or thing whatsoever for the events occurring on lj'ebruary 2, 2017

i including, but not limited to: (a) all claims against the Releasors, whether\ now known or

unknown including, but not limited to, the Claims and any and all other claims rtferred to herein;

(b) all claims against the Releasors that the Mullen Releasors are unaware of; *d ( c) all claims I

against the Releasors not mentioned herein. The foregoing notwithstandrg, the Mullen

Releasors do not release the Releasors from their obligations as contained withinlthis Release. ;

3. Bejgrowicz Release. Bejgrowicz has agreed to voluntarily dismi4s with prejudice

the Trespass Action.

Integrated Agreement. This Release contains the entire inteiJated agreement I

4.

between the parties and supersedes all prior · oral or written agreements, qommi1ments or

understandings with respect to the matters provided for herein and no modificaion hereof shall I I

be binding upon the party affected unless set forth in writing and duly execute4 by each of the i

other parties hereto.

3

j

5, Successors and Assigns. Each of the covenants and agreements !contained in this I

Release by or on behalf of any of the parties shall bind and inure to the benefit o~ their respective I

heirs, guardians, personal and legal representatives, successors and assigns; pr~vided however, I '

that this Release may not be assigned by a party without the express prior writ!fn consent of all i

of the other undersigned parties. Any assignment without such consent shall ~e null and void. i

No permitted assignment by any party shall release such party of its obligations ~ereunder.

6. Joint Drafting. This Release is executed voluntarily by the pa¾ties without any ' '

duress or undue influence on the part, or on behalf, of them. Each of the parti4B participated in i

drafting this Release after consulting with counsel, and each has read and fully teviewed each of I

the provisions of this Release and has relied on the advice and representation o~ competent legal I

counsel of its own choosing. Each and every term and provision of this R\elease has been I

mutually agreed to and negotiated by the undersigned parties and shall be ~nstrued simply

I according to its fair meaning and not strictly for or against any party.

I 7. Representation Regarding Legal Counsel and Compi:ehensio~ of Document.

I In entering into this Release, Mullen represents and acknowledges that: (i) shel is and has been

' I

represented by Counsel at all times including, but not limited to, during the negopation and at the i

time of execution of this Release; (ii) she has relied upon the legal advice of srd counsel; (iii)

the terms and conditions of the Release have been completely read and explain~d to her by said

counsel; and (iv) she fully understands and voluntarily accepts those terms and c!nditions. I

8. Partial Invalidity, Each and every term and provision of this Ref ease is intended

to be severable. If any term or provision hereof is illegal or invalid for any re~son whatsoever, i

such illegality or invalidity shall not effect the legality or validity of the r I ainder of this

Release.

4

~·

9. i

Governing Law. This Release shall be governed by the Jaws 04 the State of New i

Jersey applicable to contracts made and to be wholly performed therein, 'l!,,ithout regard to I

conflicts of law rules or principles. Any and all litigation under this Release s~all be conducted I

only in the courts of the State of New Jersey and the courts of the United Statds located in New I :

Jersey. The parties submit to the jurisdiction of the courts of the State of Neiw Jersey and the

' courts of the United States located in New Jersey, regardless of any party's do~cile at the time

of any such litigation and agree to mediate as set forth above.

10. l

Waiver of Breach. The failure of any party hereto at any time ~o enforce any of I

the provisions of this Release shall not be deemed or construed to be a warver of any such I

provision, nor to in any way affect the validity of this Release or any provisjon hereof or the

i right of any of any party hereto to thereafter enforce each and every provisio1 of this Release.

No waiver of any breach of any of the provisions of this Release shall be eJective unless set

forth in a written instrument executed by the party against whom or which eu4rcement of such

i waiver is sought; and no waiver of any such breach shall be construed or deemFd to be a waiver

i

of any other or subsequent breach.

11. Sense and Circumstance. Unless the context otherwise require' , whenever used

in this Release, the singular shall include the plural, the plural shall include the singular, and the

masculine gender shall include the neuter and feminine gender, and vice versa. I

12. Countei·parts. This Release may be executed in one or more 9ounterparts, each

! of which shall for all purposes be deemed to be an original and all of which when taken together

I

shall constitute the same instrument notwithstanding that the parties may no~ have signed the

same counterpart. - I

5

13. Survival of Warranties. All warranties and other obligatio~s set forth in this I ! !

Release shall survive the settlement date and shall continue in full force and f ffect according to I

their terms.

[INTENTIONALLY LEFT BLANK)

•

6

14. Paragraph Headings. The paragraph headings contained in this Release are for !

reference purposes only and shall not affect in any way the meaning or interpretation of this

Release.

IN WITNESS WHEREOF, the parties, intending to be bound, have c~used this Release !

to be executed on the date set forth below their name.

THERESA E. MµLLEN

Dated: ---------+------

STATE OF _______ _ SS.:

COUNTY OF ______ _

ICERTIFYthaton ___________ ,2017,

THERESA E. MULLEN,

I personally came before me and acknowledged under oath, to my satisfaction, t~at this person:

(a) is named in and personally signed this document; and (b) signed, sealed and delivered this document as his or her act and deed.

Signed and sworn to before me on this ___ day of ________ , 2017.

ROMAN CATHOLIC ARCHDIOCESE OFNEWARK

By: _____________ _

REV. MSGR. THOMAS P. NYDEGGER Title: Vicar General and Moderator of the

Curia Dated: ____________ _

#642795v2

7

!

ST. THERESA R.C. CHiRCH including ST. THERESA SCHOOL, J(ENILWORTH, NJ

By: i

REV. MSGR. THOMAS~- NYDEGGER ' Title: Vice President

Dated: _______ _,_ ____ _

EXHIBIT 00

1Di~.Position on Application for Permission to File Emergent Motion

Case Name: Scott Phillips as GAL for S.P. and B.P. v. Archdiocese ofNewark and St. Theresa School ., '

Alfiellate Division Docket Number: (if available): _____ ~-~----

Tri,,Court or Agency Below;-·-·-·-~·~---------------

Trial Court or Agency Docket Number: E_sx_-_C_-_2_4_8_-1_6 _________ _

DO NOT FILL IN TIJJS SECTION - FOR COURT USE ONLY

JJ. The application for leave to file an emerg,ent motion on short notice is Granted on the following tenns:

A. By no later than noon on 2/6/17, one copy of the motion for errie,gent relief must be delivered to the chambers of Judges O'Connor and Whipple; and to all counsel/self-represented litigants. Copies must also be sent to the trial judge or agency whose decision is being appealed. If this is a newly-filed appeal, one copy each ofth.e notice of appeal or motion for leave to appeal, and any io<ligency motion, must also be delivered to the judges and alt Counsel/self-represented parties. ·

The a.ppllcant must file the original and one copy of,the motion for emergent relief with the Clerk oflhe Appellate Division in Trenton, by no later than the day a/kr those papers are due to the judges' chambers, ________ . If the matter is not yet pending in the Appellate Division, the applicant must, on that same schedule, file with the Clerk's Office, attention Emergent Applications Unit, the original and one copy of a notice of appeal or motion for leave to appeal, together with the required fees or a motion to proceed as an indigent. (Note: This schedule anticipates that copies may be faxed to the judges' chambers and to adversaries, but they must be overnight mailed or hand delivered to the Clerk's Office. Failure to file with the Clerk's Office or to submit the required fees may result in dismissal of the appeal and vacating of any stays granted.]

B. Opposition must be served and filed by no later than noon on 2/7/17.

C. Other terms:

Pending appeal, defendants' exp:ulsion of children from school is stayed. Both children shaU be permitted to atteu.d St. Theresa School.

February 3, 2017 EON. AMY O 'CONNOR, J.A.D. Date

EXHIBIT PP

Archdiocese of Newark Ot111..'t' i:_1fCon11nunications & Public Relations !71 CliJ1,..-in :-\n:·.

""""'k. :s;J L17 l 04 \\"\\ix.r.:an.org:

=====:J~;;;;~-';"'.Goodness l.'0ntJ>:t:

(9i3) 4974186 (Office) (973) 202-2317 (Cell)

For Release Man:b 20, 2017

Statement of James Goodness, Vice Chancellor and Director of Communications,

On Recent Developments in Phillips et al. vs. Roman Catholic Archdiocese of Newark et al.

The plaimiftS in the pending lawsuit against the Archdiocese and St. Theresa's Church in Kenilworth have filed a motion aslcing the court to permit them to add new claims and parties to the case. They are seeking to sue several Church and Archdiocesan employees, i...'1cluding St. Theresa's Pastor~ for actions performed in their official capacities. They also see-k to add defamation claims against over eighty (80) individuals, including many current and former St. Theresa's parents and parishioners, for comments posted online about this matter. Many of these comments were posted in an online petition that ,vas neither authorized nor endorsed by St. Theresa's or the Archdiocese.

The Archdiocese and St. Theresa's will continue to defend themselves against fuis baseless lawsuit. Further, they will urge the court not to permit the addition of many of St. Theresa's valued parents and parishioners as defendants.

####

•

contact:

Archdiocese of Newark Office of Communications & Public Relations 171 Clifton Ave. Newark, NJ 07104 www.rcan.org

Jim Goodness (973) 497-4186 (Office) (973) 202-2317 (Cell)

For Release March 22, 2017


On Recent Developments in Phillips et al. vs. Roman Catholic Archdiocese of Newark et al.

The plaintiffs in the pending lawsuit against the Archdiocese and St. Theresa's Church in Kenilworth have filed a motion asking the court to permit them to add new claims and parties to the case. They are seeking to sue several Church and Archdiocesan employees, including St. Theresa's Pastor, for actions performed in their official capacities. They also seek to add defamation claims against over eighty (80) individuals, including many current and former St. Theresa's parents and parishioners, for comments posted online about this matter. Many of these comments were posted in an online petition that was neither authorized nor endorsed by St. Theresa's or the Archdiocese.

The Archdiocese and St. Theresa's will continue to defend themselves against this baseless lawsuit. Further, they will urge the court not to permit the addition of many of St. Theresa's valued parents and parishioners as defendants.

####

ARCHDIOCESE

~efNEWARK HOME EVENTS FIND A PARISH FIND A SCHOOL DONATE LOGIN

ABOUT US OFFICES f± MINISTRIES WORSHIP f± PARISH LIFE EDUCATING IN FAITH OUTREACH f± GIVING

SHARING THE FAITH

Statement Concerning Matters at St. Theresa School, Kenilv;orth February 2, 2017

The following is a statement from James Goodness, Vice Chancellor and Director of Communications for the Archdiocese of Newark.

Parents and guardians of every student at St. Theresa School receive a Parent and Student

Handbook at the beginning of each school year. The Handbook specifically states:

"If a parent implicates St. Theresa School in a legal matter, or names St. Theresa School as

a defendant in a civil matter, the parent/guardian will be requested to remove their

children immediately from the school."

Mr. Phillips agreed in writing to the terms of the Handbook on August 30, 2016.

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HOME EVENTS FIND A PARISH FIND A SCHOOL DONATE LOGIN

ABOUTUS OFFICES a MINISTRIES WORSHIP a PARISH LIFE EDUCATING IN FAITH OUTREACH a GIVING

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Statement on CYO Sports Issues February 15, 2017


While the unfortunate situation at Saint John's School in Clark has affected many, the

Archdiocese of Newark has special concern for the students involved - the two girls and

the boys on the SaintJohn's JV Black team, and all other students participating in the league

- who have been upset through no fault of their own. The CYO basketball program is

organized not only for the enjoyment of the students involved, but also to teach them the

importance of fair play, good and healthy competition and how faith can be expressed

through sports and in community.

By their very nature, competitive sports call for rules and regulations. What is more, the

educational purpose of CYO athletics needs policies that create a safe and healthy

environment for the athletes, while serving the goals of the Catholic Youth Organization.

For more than two decades, the rules and practices in the Archdiocese of Newark CYO call

for boys-only and girls-only teams in older grades. The rule recognizes that some sports,

like basketball, feature greater physical contact and aggression as student players age and

mature. The logic is similar to the rules requiring the separation of players by age

groupings. Both rules seek to reduce the possibility of injury to a younger, smaller child by

older and more physically developed athletes.

ARCHDIOCESE efNEWARK



SHARING THE FAITH

Statement Concerning Recent Developments in Phillips et al. vs. Archdiocese of Newark et al. March 22, 2017


The plaintiffs in the pending lawsuit against the Archdiocese and St. Theresa's Church in

Kenilworth have filed a motion asking the court to permit them to add new claims and

parties to the case. They are seeking to sue several Church and Archdiocesan employees,

including St. Theresa's Pastor, for actions performed in their official capacities. They also

seek to add defamation claims against over eighty (80) individuals, including many current

and former St. Theresa's parents and parishioners, for comments posted online about this

matter. Many of these comments were posted in an online petition that was neither

authorized nor endorsed by St. Theresa's or the Archdiocese.

The Archdiocese and St. Theresa's will continue to defend themselves against this baseless

lawsuit. Further, they will urge the court not to permit the addition of many of St. Theresa's

valued parents and parishioners as defendants.



ABOUT US OFFICES 8: MINISTRIES WORSHIP 8: PARISH LIFE EDUCATING IN FAITH OUTREACH 8: GIVING

SHARING THE FAITH

Statement on Latest Actions in Phillips v. Archdiocese of Ne\x;ark et al June 29, 2017


In her most recent filing in this matter, the attorney for the plaintiffs states that "no one is

above the law."

Yet, to date, every step that the plaintiffs have taken, every statement they have made,

shows that they do not believe their own attorney's words.

The plaintiffs have demonstrated clearly and strongly that, in their minds, the rules and

laws of St. Theresa School and Parish do not apply to them.

For them, rules may be fine for other parents and students in the St. Theresa community,

but not for them; everyone must treat them and their children differently.

St. Theresa School is the education ministry of the parish of St. Theresa in Kenilworth. At

the heart of this education ministry is a 63-year old tradition of collaboration among

parents, students and school administration, working together to foster Gospel values and

provide a nurturing academic and moral environment. Parents embrace these rules in

order to serve the best interests of all of its students. Ask all the other parents at St.

Theresa, and you will learn that these rules work.

The plaintiffs' actions threaten to shatter this nurturing environment. Through their lawsuit

and subsequent actions the plaintiffs have created intimidation and fear in parents, school

officials and, yes, students. Indeed, the plaintiffs have announced to the world that they do

not accept St. Theresa's collaborative approach to a Catholic education.

That said, we need to ask the question: "If the plaintiffs do not wish to abide by the rules; if

they do not wish to embrace St. Theresa's long-held educational philosophy; and if they

are, as only they contend, the recipients of such injustice, then why do they persist in

forcing their children to attend St. Theresa School?"

What's more, the plaintiffs have sought to use the court to attack and silence scores of

parents in the St. Theresa community who, because they love St. Theresa School, have

spoken out in support of its goals and the way it is run. How can such attacks foster

collaboration?

We can only surmise that the plaintiffs wish to impose their own rules on the community,

and replace collaboration with diktat.

The Archdiocese and St. Theresa Parish and School continue to urge the court to recognize

the bad behavior of the plaintiffs, dismiss this case, and allow St. Theresa School, its

faculty, parents and students to begin a new school year in September without the

disruption that the plaintiffs' continued presence surely will cause.

The Archdiocese of Newark is not in the business of excluding kids from school. Quite the

contrary: parents, teachers, administrators and benefactors make serious sacrifices to

carry out this vital area of our mission. The issue is not, and never has been, sports. It is the

serenity of a school community. Only a grievous threat to the well-being of our teachers,

students and families would justify such an extraordinary measure.

Stay Connected

Contact Us

New Je1-sey Catholic



ABDUTUS OFFICES a MINISTRIES WORSHIP a PARISH LIFE EDUCATING IN FAITH OUTREACH a GIVING

SHARING THE FAITH

Statement on the Hearing Held June 29, 2017 in the Matter of _ Phillips v. Archdiocese of Newark et al June 30, 2017


We are disappointed that the court yesterday declined to recognize that a private,

religious-affiliated school has the right to govern itself according to its own rules and

practices. The Archdiocese and St. Theresa School have provided more than sufficient

precedent in case law from New jersey and elsewhere in the country, as well as

certifications from members of the hierarchy of the Archdiocese and parish, to support

such a finding.

However, we are hopeful that the court ultimately will conclude the obvious - that the

decisions that St. Theresa School has made in this matter are solely within the rights of the

Catholic Church as protected by the First Amendment, were made according to its

particular laws and rules, and were made for the greater benefit of students and families

of the St. Theresa community.

At the same time, we are optimistic that the court next week will dismiss the plaintiffs'

request to expand their lawsuit to include as defendants in this case some 80 individuals -

mostly pa rents of St. Theresa School students. By this action, the plaintiffs have sought to

punish individuals for exercising on social media their Constitutionally-guaranteed right to

express an opinion that the plaintiffs' lawsuit and actions are harming both the students of

St. Theresa School and the school's reputation as an excellent Catholic school.

Stay Connected

Contact Us

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,,;i201 s Archdiocese of Newark I 171 Clifton Avenue I Newark, NJ 07104 I (973) 497-4000

ARCHDIOCESE efNEWARK



SHARING THE FAITH

Statement on Today's Decision in the Matter of Phillips v. Archdiocese of Newark et al August 14, 2017

(Statement of James Goodness, Vice Chancellor and Director of Communications Archbishop of Newark on Today's Decision in the Matter of Phillips v. Archdiocese of Newark et al)

We are thankful that the court has recognized that St. Theresa's School, a private Catholic

school within the Roman Catholic Archdiocese of Newark, acted appropriately according to

the Church's rules and practices, and consistent with its absolute rights as protected by the

First Amendment.

From the beginning of this unfortunate affair, we have asserted clearly and consistently

that the school and the Archdiocese took the steps they did for two sole reasons. We

sought to ensure that the school and the men and women who undertook this ministry

could continue to fulfill the school's Catholic mission for the benefit of the children and

parents it serves. We also sought to protect the serenity and well-being of a larger school

and parish community that has been victimized by the behavior of two parents who would

not accept the rules by which the school operates. At all times we acted not to punish

anyone, but to protect the vital Catholic mission of a community of learning and faith.

We wish also to be clear that this is not a day for rejoicing. Although the family at the

center of this lawsuit was unsuccessful in its efforts to disrupt and inflict further damage

on the school community, we wish them no ill will. It is our hope that the parents will learn

from this experience as they seek alternative venues for their children's education and

athletic recreation.

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The Catholic Advocate

Events

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Annual Appeal

We Are Living Stones

Directory & Almanac

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Employment

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Report Abuse

©2018 Archdiocese of Newark I 171 Clifton Avenue I Newark, NJ 07104 I (973) 497-4000

EXHIBIT

{!Q)e <!tburcb of ~aint {!t{Jeresa • 541 Washington Avenue• Kenilworth, NJ 07033 • - • Phone: 908-272-4444 • 908-272-4424 •

Come and 6ee ... Parish Staff

Rev. Vincent A. D'Agostino, Parochial Vicar Fr. Michele M. Pedroni, Parochial Vicar Rev. Msgr. Venantius M. Fernando, In Residence

Rev. Joseph S. Bejgrowicz, Pastor/Emeritus Deacon Joseph Caporaso, Principal Sr. LouAnn Fantauzza, Asst to the Principal Sister Monique Huart, FMA,

Religious Education Director Mr. Edward Wesley, Director of Music Mr. Rich Donovan,

Coordinator of Youth Ministry Mrs. Theresa Adubato, Office Assistant Linda Koski, Office Assistant

We Invite You to Celebrate the Eucharist with Us Weekday: 7:00 am, 9:00 am

Monday and Wednesday: 7:00 am, 9:00 am & 7:30 pm

Saturday 7:00 am and 9:00 am 5:30 pm Sunday Vigil Mass

Sunday: 7:30 am, 9:00 am, 10:30 am, 12:00 pm (Noon), 5:00 pm

Holy Days: As Listed in Weekly Bulletin and Website

Rectory Office Hours Monday & Friday: 9 am - 5 pm, Tuesday, Wednesday, Thursday: 9 am - 3 pm. Other evenings by appointment. Our Priests are always available for emergency sick calls.

Parish Registration Registering as a member or simply updating your information for our parish is ·an important aspect of our Catholic community life. It is an opportunity to identify our parishioners and allow us to serve our parish community accordingly. In doing so, we will be able to recognize the needs of our parishioners and provide the services our families may require.

ST. THERESA PARISH

t·~'iil Plany Parts ... t tlf~l ==~',:~:~~it;!

WWW.THECHURCHOFSTTHERESA.ORG

Parish Stewardship Mission Statement l,Ve, the People of God of the Saint The1ysa Parish Community, empowered by our baptism, seek to bring the "Good News" into our daily fives through the aclil'e participation in the celebration of the liturgies and the ex.ample of our daily living, using the gifts qf our time, talent and treasure JOr the benefit ofa/1 in the co1111111111ity.

Parish Contacts Rectory Office .................................. (908) 272-4444

Rectory Fax .................................. (908) 272-4424 email: [email protected]

Website: http://www.thechurchofsttheresa.org Convent .................................. (908) 276-5028

Saint Theresa School ......................... (908) 276-7220 email: [email protected]

Website: http://www.mysts.org · Religious Education Office .................... (908) 276-4681

email: [email protected] · Youth Ministry Office ........................... (908) 276-5990

email: [email protected] Website: http://www.stmtym.org

Baptism We ask parents (and, if possible, Godparents) to attend the Baptismal Preparation sessions prior to scheduling a Baptism. This should be scheduled at least two months in advance of the Baptism.

Marriage Contact the Rectory at least one year in advance of date, and before finalizing any other arrangements. Pre Cana arrangements are made by visiting the website of the Archdiocese of Newark's Family Life Minisby Office at www.rcan.org/famlifelprecana.htm.

Anointing of the Sick The Sacrament of Anointing is available to anyone of advanced age or serious illness. A priest is always available for emergency sick calls. Please let us know of any homebound persons who would like Communion on a regular basis. Please call the Rectory.

Reconciliation Monday: After 7:30 pm Mass Saturday: 11:00 am until 12:00 pm (Noon)

Devotions Miraculous Medal Novena every Monday at the 9:00 am and the 7:30 pm Masses St. Jude Novena every Wednesday at the 9:00 am and the 7:30 pm Masses. First Friday Exposition and Devotion including the Litany of the Sacred Heart of Jesus on First Friday of every month at 9:00 am Mass St Theresa Novena every Thursday at the 9:00 am Mass Divine Mercy every First Sunday of the Month, beginning at the hour of mercy 3 :00 pm

Bingo Hours Friday 7:30 pm - Saturday 12:30 pm - Sunday 7:00 pm

Bulletin Articles and Web Notices Deadline is at 5 pm on the Monday prior to the Sunday. To Submit information, drop off to the rectory marked Bulletin, email to [email protected],

W::be <!Cburcb of ~aint -atberesa I W( 1fit

ll'ilfr CUriS(..,

July 2, 2017 -:- The Thirteenth Sunday In Ordinary Time

:from tfie Pastor's 'Desk

Dear parishioners,

I wish to share with you a letter that Cardinal Tobin addressed to the Parish of St. Theresa.

:7/ru//d.r<:Jee.;·e o/ ::Y.e;.,,,c,:,r--k OFF1CE DF T#E Ar1=:.HBISiroe<

Jvr.e: 28, 2() 17

De at' Ptui ,h ion et$ of st. Theresa,

In thi:5, pe-l'"iod when yc, u ;;,re. wltne.s.51 n13 so_ ma nv c hanRe ~ in yn ur pa rf!'i.,., I th aught it wa"' opporh .. me:_~nd rn.lirlf.: Lo Wrlle Lo 'JOU Lo t:ll:pres.!I. m•i p~ts,::,nal support as 'r'ou1 Ois.hop .and s.he-phen:I.

first. wa.11,t tQ thank rather Joseph 8ejgrowiC7.for so_ rn1,1ny dedi<::a'tE'd years. of rninistr't' to thE' P;;uis;I" of St. T11enl!sa. Manv uf -_,ou have g~-:h,...n!d unfurgE!tt_.ible ··nemurres., a\i Father' Jue bciptiz~d your

chi dr,eo,n, oelebFate-d "the,lr l=i~t C.Omrnu nion and Conffrm<'ltfo n :,n.(;I "'<'S" ottt y,o1,1Y side In Jovrui ctnd s<11d mum l:!nt!i of yuur lffo. Ali F..1 L h4=-r Jue rnOVI::!:!> lu th is n l::!W sl.agt! u f his lif ~, I bl:! lievl::! th ell H~I::! Uoli!s.i W"c!Y lo

dlli3fencl hi1t legacy is. tc oo-ntim.Je·to ,support him as. well c1I~ the parish -cornmuoity <>f St. Theresa to whi-ch he ha:s. dedicated s-a many years a-f h. S m Ir istrv. Yoo r nt!lw .a.dmin ist!'ator- Father Giovanni Rizzo -a Isa nl:;".Pdo; the ,support o= •10,t1r pf,r1y1;"ro; ;§ln,ci yo~1r b?ickins .,,,;, hf;" h('ls c,~cP.pted with emhu,;;i<'lsm the- '7h?illenge to minister to your comm unit•(. I am confidaent: that he ,viii do sa- with tremendous ;;:eal whkh marked

his J.7 \lean; of p'iesthood untll now.

I know that transitia-n perinds r1re Dlwny:-; t'imsP.:;. r1 hit un~P.ttl in.,:,; .and -r..ha IIE"r.gi nR, I ell periP.-nc:e;,rJ ti""l,s. ,ws-cH as I c-ame to_th& Archdloc:-e~ of Ne-w.Hk from a differenl Oioc:e!.e·ln: lhe Un_il{!od SLa'i.e:t. Therlf'!fa-r.,,,. I want-t'n th.a~k \iou f,nr ,,n:;.~.ept"in,_g ,11t thls;-timE" two more c.hc1llenges. th.ait l_h;;,Ye <JSked you to

as,wmc. The first one- rs-the transfur of'FathG!r Vlnoont O'A.gostino who has been vour' P.ar"a-:::tiial Vi<:ar- al St. Theresa's-fol" t"le.pr1s.t vear. Although Father Vincent is ye uni:: in t'he,pl"ie!.::hood, as yo1.J knOW", hP. is <J S1l.:t1l llfi.!xpcricnca::: who w<.1!. p1ori!!o:!!.iunallv suLu,issrul 111 Ll11o!'lla!~-HI til::!ld. Allh1s t·rne~ I h;.i'l.~a.!lki.id hirn L.v hlf'llp the raw Pil$1QI" of Sf. EJizi'llt,,etl-"- in \NyclcQff eind t~ suppQrt him in thie- tes-ting tnis:5101'\ which l.ays a hc..~i=Jd. Rit h~r Vincent , .. 1nd-erstocd the pressrng reed and obedi,e:n'::lv accepted t-o- m eve fa rwa rd to th·.s nPw ;:i:<.o:;ignm,e-rt'. I th.;rnk him fo,I" his 8),:'n~roo;ity. I th;,nlr yt;,u foit your unders.tandine, and person.al 5-l.:"crifit.:I! and I a.sl< you to acc-;;,-npany Father Vihc:ent in th!~ new mission with the s.upp-ort o:f vour

pravers.

The second chalfenge I am sietilng In f.a-nt af you is to -..,•elc.orl:'le tt1 your pariFih a t"IP.Wly nrdRinoP.d pri,e-;:.t, .1--;,.ther Michele !-"E'dr<l'.ni, rile initial \'ears ofth-e prlc-stho:>d ore very Important fot Lhe lorn'<llio1, of tt-e· clergy. Thoe reas11n I hnvf! :w.-nt r;;,the.~ Ml,:;:hele to St. Th,er1:;"-sa~s- is- that I twst v.ou 'Iii .I we,cOtne-.him and wlll help hlm-toQether Wilh Father Grav.anni -Lll grow in hl)llneM>: througt· th'! ministerial .!lervice ·of your p~ri~h c;:otnm1,.mity. l=~thl:;"-r Michel·e will brlog t~ St, -:-heres.J the et1thusi"sm i,,n,d the 2-ead whkh dii;,i,~cfl::!1i.t::l::!.!i the ru,!wlv On.lcined priesbi. In rHh.rn:. I ilm SU:n4 you will b~ tt1ere fur him and ,;hara -..'l.•ith

him the jovfu I $pi,i't tl:'iilt is _a, tra dern ark of ,your parish.

ll•''ith grat:tude fflrvcur coor.-Arr11'i11n in thi.'!i mn1tN=!r and with thP." finn ~onvlc:tion thilt" "wof': ,-:;ii.n rf:i

all thing-.. ill HI m who stvcs u~ the slr"cne,lh" (<.r, Philtppii.'llns 4;13)., I ir'r1p.ri rt un y:Ju rr1v Fatt1,t;!rly blessing.

1ml

Siru;:el"'l:;"-1',' your,s in Christ the Receem-er.

Cb:, oQ ""t /J-..A c.v ~ (Z {4. ~r:dr~~·lJo5eUw~ ;ollln c:ss.t(._ Ar~_bi$fi9P o'f tJe1Natk

.~ 7/~_..,,;./2-d,i?Gd.+ru>- ( f<u->/4.•,~ 1 M Cl,-lrf:)~J A"oc°="J1,:: • p,.-,,.:ll' c,,..,.~~t:: E;b:< 9500 ·+ .Nc.~-..·.-.0;(', '-Jo,.., Jt::"'l~ () ri04-05:)(f • (97$) 4'i¥7--4tl(;4 a1 F .... -.i:_ t~/$) 497-.::.018

we 1111(( U\'EI

We thank the Cardinal for his manifestation of affection and esteem toward our Parish and we look forward to the occasion of having him as beloved guest among us.

God Bless You, Fr. Giovanni Rizzo

contact:

Archdiocese of Newark Office of Communications & Public Relations 171 Clifton Ave. Newark, NJ 07104 www.rcan.org

Jim Goodness 973-497-4186 973-202-2317 (cell) [email protected]

For Release June 30, 2017


Archdiocese of Newark, On the Hearing Held June 29, 2017 in the Matter of

Phillips v. Archdiocese of Newark et al

We are disappointed that the court yesterday declined to recognize that a private, religious-affiliated school has the right to govern itself according to its own rules and practices. The Archdiocese and St. Theresa School have provided more than sufficient precedent in case law from New Jersey and elsewhere in the country, as well as certifications from members of the hierarchy of the Archdiocese and parish, to support such a finding.

However, we are hopeful that the court ultimately will conclude the obvious - that the decisions that St. Theresa School has made in this matter are solely within the rights of the Catholic Church as protected by the First Amendment, were made according to its particular laws and rules, and were made for the greater benefit of students and families of the St. Theresa community.

At the same time, we are optimistic that the court next week will dismiss the plaintiffs' request to expand their lawsuit to include as defendants in this case some 80 individuals - mostly parents of St. Theresa School students. By this action, the plaintiffs have sought to punish individuals for exercising on social media their Constitutionallyguaranteed right to express an opinion that the plaintiffs' lawsuit and actions are harming both the students of St. Theresa School and the school's reputation as an excellent Catholic school.

####

JULY 2, 2017 -:- THIRTEENTH SUNDAY IN ORDINARY TIME

contact:

Archdiocese of Newark

Office of Communications & Public Relations

171 Clifton Ave.

Newark, NJ 07104

Jim Goodness 973-497-4186 973-202-2317 ( cell) [email protected]

For Release June 29, 2017


Archdiocese of Newark On The Latest Actions in the Matter of Phillips v. Archdiocese of Newark et al

THE CHURCH OF SAINTTHERESA PAGE 4

In her most recent filing in this matter, the attorney for the plaintiffs states that "no one is above the law."

Yet, to date, every step that the plaintiffs have taken, every statement they have made, shows that they do not believe their own attorney's words.

The plaintiffs have demonstrated clearly and strongly that, in their minds, the rules and laws of St. Theresa School and Parish do not apply to them. .

For them, rules may be fine for other P,arents and students in'the St. Theresa community, but not for them; everyone must treat them and their children differently.

St. Theresa School is the education ministry of the parish of St. Theresa in Kenilworth. At the heart of this education ministry is a 63-year old tradition of collaboration among parents, students and school

; administration, working together to foster Gospel values and provide a nurturing academic and moral · environment. Parents embrace these rules in order to serve the best interests of all of its students. Ask all the

other parents at St. Theresa, and you will learn that these rules work.

The plaintiffs' actions threaten to shatter this nurturing environment. Through their lawsuit and subsequent actions the plaintiffs have created intimidation ana fear in parents'rschool officials and, yes, students. Indeed, the plaintiffs have announced to the world that they do not accept St. heresa's collaborative approach to a Catholic education.

That said, we need to ask the question: "If the plaintiffs do not wish to abide by the rules; if they do not wish to embrace St. Theresa's long-held educational philosophy· and if they are, as only they contend, the recipients of such injustice, then why do they persist in forcing their children to attend St. Tlieresa Scliool?"

What's more, the plaintiffs have sought to use the court to attack and silence scores of parents in the St. Theresa community who, because they love St. Theresa School, have spoken out in support of its goals and the way it is run. How can such attacks foster collaboration?

We can only surmise that the plaintiffs wish to impose their own rules on the community, and replace q:illaboration with cliktat. ·

· The Archdiocese and St. Theresa Parish and School continue to urge the court to recognize the bad behavior of the plaintiffs, dismiss this case, and allow St. Theresa Schoo~ its faculty, parents and students to begin a new school year in September without tlie disruption that the plaintifrs' continued presence surely will cause.

The Archdiocese of Newark is not in the business of excluding kids from school. Quite the contrary: parents, teachers, administrators and benefactors make serious sacrifices to carry out this vital area of our mission. The issue is not, and never has been, sports. It is the serenity of a school community. Only a grievous threat to the well-being of our teachers, students and families would justify such an extraordinary measure.

####

Note to Editors: A hearing on this matter will take place at 1:30 p.m. on Thursday, June 29, 2017 at the Wilentz Justice Center, 212 Washington Street, Newark. ·

Bulletin Articles DEADLINE is Monday 5pm prior to the Sunday. To submit information, drop off to the rectory malked Attention: Bullelln or email to [email protected]

JULY 2 2017 -:- THIRTEENTH SUNDAY IN ORDINARY TIME

In Memoriam

Host: Ronald Carolan * Aunt, Helen Carolan Wine: Parishioner Intentions

Sanctuary Lamp: Parishioner Intentions

Saturday, July 1 7:00 AM Joseph Giacalone {25th Ann.) * Loving Family 7:00 AM Ernesto Ebron, Jr. * Anne Mary Hayes 9:00 AM Francesco Bertolucci *

Tommaso & Maria Jose Pugliese 5:30 PM Felicia (23rd Ann.) & Albert {41st Ann.) Addler *

Family Sunday, July 2 7:30 AM Julia Barbarise {Ann.) * The Family 7:30 AM Carmen Casais * Joana Canico & Family 9:00 AM Rosary Altar Society

10:30 AM Stella Orozco * Family 12:00 PM Nodia Aguirre * The Martin Family

5:00 PM Bernard (Bud) Smith (16th Ann.) * Ginny & Tony Lepore

Monday, July 3 7:00 AM Domenica Spalliero * Pino Rizzo 9:00 AM Lauren Kaylor* Elizabeth Huegel 7:30 PM Joseph (Bud) Lepore (9th Ann.) *

Tony & Ginny Lepore Tuesday, July 4

7:00 AM Walter & Mary Ostrowski * Family & Adele Damrau 9:00 AM Francisco Nicolas (Birthday) * Capati Family

Wednesday, July 5 7:00 AM Mary Pierry * Son 9:00 AM Medardo Ojeda * Milano Family 7:30 PM Diane Grosschmidt (Birthday) *

Dolores & Marshall Graham Thursday, July 6

7:00 AM Zosimo & Candelaria Paguntalan * Celso & Amy Paguntalan ·

9:00 AM Katherin Grahm * Fred & Antonia Mazzeo Friday, July 7 7:00 AM Dolores Cerbie * The Budis Family 9:00 AM Maria Greco Cuppari (2nd Ann.)* Sister-In-Law,

Domenica Cuppari 9:00 AM Pasquale Cuppari * Cuppari Family

Saturday, July 8 7:00 AM Mary Irene Price * Karen & Susan Dougherty 9:00 AM Medardo Ojeda * Cedeno Family 5:30 PM Reinaldo A. Modernel (3rd Ann.) *

Wife, Marita & Son, Reinaldo Andres Modernal Sunday, July 9

7:30 AM John Grondin (Birthday) * The Grondin Family 9:00 AM Albert (29th Ann.) & Lillian (7th Ann.) Phillips*

The Phillips Family 10:30 AM Raffaele Calello (5th Ann.) *

Caterina Barritta & Family 12:00 PM Robert J. & Anne Monahan (Birthday)*

AnnMarie, Bob & Christina Monahan 5:00 PM Mendeline Rivera Feliciano * Marie Hornlein

THE CHURCH OF SAINT THERESA - PAGE 3

ADULT BIBLE STUDY CONTINUES! Join us on the dates listed below from 8-9pm for the continuation of our Adult Bible Study. We will meet every other Monday night in the Chapel for an hour of reflection on Holy Scripture. Following is our upcoming schedule. For information, contact John Tintera at (908) 265-6148 or our Bible Study webpage http://www.st-theresa-

bible.com/ •• • July 10 - Jeremiah 1-25

• July 24 - Jeremiah 26 - 52 y

CCD REGISTRATION New registration and re-registration fonms are now available for Fall 2017 Religious Ed Classes. The forms are available at the Religious Ed Office (located above the school gym) and in the vestibule of the Church. Please contact the office at 908-276-4681 [email protected] Please note: Students who plan to return for 7"' grade after a year or more of not attending CCD classes need to take a placement test to detenmine their grade level. For further info please contact the Religious Ed Office.

All are welcome to join in the celebration as St. Rafael's Church welcome's Fr. Joe Bejgrowicz! 346 East Mount Pleasant Avenue Livingston, NJ 07039 July 9th, Mass at 11 :30am Barbeque following in Tobias Hall Please contact the rectory if you are interested in attending. 908-272-4444.

Dear Parishioners, I want to thank you for these past 24 years, as together, we "continue the mission" of our parish by being a welcoming community of faith and inviting everyone to share their time, talent and treasures and continue to build up our community of faith. Thank you for your beautiful cards and gifts. They mean a lot to me. What means the most though is your continued prayers for me and for the Church. I welcome hearing from you and can be reached at St. Raphael's Church, 346 East Mt. Pleasant Avenue, Livingston, NJ 07039, 973-992-9490

THE KENILWORTH SENIORS HOST A TRIP TO RESORTS CASINO IN ATLANTIC CITY EVERY FIRST THURSDAY OF THE MONTH

The cost is $32 per person and will receive back $30 in comp dollars. A 50/50 and Bingo will be played on the way down and a movie and a snack on the return trip. For information & reservations call Emily Grimaldi at (908) 272-6329.

EXHIBIT RR

Petition· Archdiocese ofNewark Catholic Schools: We Stand With STS! End the misrepr. .. Page 4 of 13

WE STAND WITH STS! End the misrepresentation of St. Theresa School in Kenilworth

Saint Theresa Students & Parents 136 Supporters

In December 2016, Saint Theresa Catholic Elementary School was named by one of its school and parishioner's families in a lawsuit. What began as a family's litigation to allow their daughter to play on a boys' catholic youth organization basketball team turned into a sideshow of speculation,

https :/ /www.change.org/p/archdiocese-of-newark-catholic-schools-we-stand-with-sts-end-t... 2/23/2017

Petition· Archdiocese ofNewark Catholic Schools: We Stand With STS! End the misrepr ... Page 5 of 13

misreporting and spectacle. Going viral in the national news, media outlets picked up the story as told by the family and ran a one-sided exaggerated and distorted tale. Under a gag order because of the litigation the school was not afforded the ability to give any perspective in the matter and was left unable to defend itself.

This is where we come in. WE STAND WITH STS!!

We are parents, alumni, families and parishioners who know, love and appreciate St. Theresa Elementary School, the parish community and what it does for our children and our families.

We are uniting to tell the side of the story not being showcased in the media. The one of a principal and school who readily offered options and support to the family that slanders its name. STS teaches their students respect, dignity, charity and responsibility to become "good Christians and honest citizens" and held to these principals in this. They followed rules outlined by the Catholic Youth Organization and the Archdiocese of Newark. They worked with what capacity they could to provide alternatives to the student when there was no school basketball team due to lack of interest. The options were met with a lawsuit and a refusal of cooperation from the family.

Worse yet, it was met with negative comments to the media and disparaging remarks about not only the school but the students in it. STS students were collateral damage to this family's grudge against the school. They were misrepresented by the girl as jealous and intolerant. They were subject upon arriving to school with media vans and reporters. Police enforcement was dispatched to school property for the safety of the students. Their privacy and the privacy of the families attending the school were violated by the attention brought on. Attention which this family seemingly relished. A family who told reporters their interpretation of reality, that they were met with defensiveness rather than the reality that they subjected their girls to this spectacle to inspire, influence, and embolden the attention. Attention that afforded this family and their daughters opportunities with national organizations,

basketball stars and media personalities. All opportunities that were obtained by falsely claiming injustice. Our students don't deserve this. Our faculty doesn't deserve this. The good name of this educational institution doesn't deserve this. We collectively are tired of the misrepresentation.

WE STAND WITH STS in rejecting the claim that the school and the students in any way bullied, rejected or discriminated against this family.

WE STAND WITH STS in knowing that our principal and our faculty went and do go far beyond what they need to do on a daily basis to accommodate and work with our children.

WE STAND WITH STS in its achievements in inclusion, flexibility and progressive thinking.

WE ST AND WITH STS in knowing that it followed rules and protocols and tried their best to make accommodations.

WE STAND WITH STS in knowing that this issue has gone far beyond a girl not being able to play basketball and has grown to a family's vindictiveness.

WE STAND WITH STS because WE ARE STS!

We are the parents who volunteer our time to assist, coach, lead and impact. We are the students who learn, grow, love and work together. We are the teachers who nurture, teach, give and inspire. We are the people who know beyond the shadow of a doubt that the negativity of ONE family will not bear witness to the resilience and confidence of all the others. WE STAND WITH STS! !

https://www.change.org/p/archdiocese-of-newark-catholic-schools-we-stand-with-sts-end-t... 2/23/2017

Petition· Archdiocese ofNewark Catholic Schools: We Stand With STS! End the misrepr. .. Page 6 of 13

Please join me in getting the message out that STS is not what is being portrayed. We recommend that you share information here and also reach out to each of these parties (see list below.) We feel that the Archdiocese and the nation overall needs to hear from everyone as we feel they've only heard one side of the story. Please share what is in your heart and what you feel is pertinent.

• Include personal testimonies and stories of your positive experiences at the school; interactions within the community, the value of the Catholic education your child(ren) receive.

• How important St. Theresa School is to the community and the parish itself • Personal successes of your students, stories of how the faculty and administration has helped your

family and children.

Here are the people you can reach out to:

• Cardinal Joseph William Tobin, C.Ss.R., D.D., Archbishop of Newark, Archdiocese ofNewark, PO Box 9500, Newark, NJ 07104-0500

• Dr. Margaret Dames, Ed.D., Superintendent for Catholic Schools for the Archdiocese of Newark, (973) 497-4260, [email protected]

• Sr. Patricia Butler, SC, Elementary School Administration and Essex and Union County Elementary Schools for the Archdiocese of Newark, [email protected]

• Jim Goodness, Vice Chancellor and Director of Communications for the Archdiocese of Newark, 973-497-4186, [email protected]

• Jonathan Azzara, Public Relations Specialist, 973-497-4193, [email protected]

This petition will be delivered to:

• Archdiocese of Newark Cardinal Joseph William Tobin, C.Ss.R., D.D.

• Archdiocese of Newark Catholic Schools Dr. Margaret Dames, Ed.D., Superintendent for Catholic Schools

• lementary School Administration and Essex and Union County Elementary Schools Sr. Patricia Butler

3 more decision makers ...

• St. Theresa School Deacon Joe Caporaso

• ice Chancellor and Director of Communications for the Archdiocese of Newark Jim Goodness

• TomHaydon

I Read the letter

= Letter to Archdiocese of Newark Cardinal Joseph William Tobin, C.Ss.R., D.D.

https:/ /www .change.org/p/ archdiocese-of-newark-catholic-schools-we-stand-with-sts-end-t... 2/23/2 0 I 7

•

I

temenrary i::,cnou1 l\.Um1n1:s1rauuu auu ..l!i:s:scx auu u1uou \.....ouuty J:1J1cmt::utacy i.:,cuuu1~ .:,r. rmnvia Butler St. Theresa School Deacon Joe Caporaso ice Chancellor and Director of Communications for the Archdiocese of Newark Jim Goodness Tom Haydon

We Stand With STS! End the misrepresentation of St. Theresa School in Kenilworth .

• catholic schools

• rules and :Qolicies

• youth basketball

• new jersey

Saint Theresa Students & Parents started this petition with a single signature, and now has 136 supporters. Start a petition today to change something you care about.

I Start a petition

Updates

1. 2 days ago Petition update

Keep it.Going. The Lawsuits are hopefully over but our good name is still being smeared.

I'nLtaking this from a comment on the NJ.com article which I think highlights many of this grou11's feelings. She is a 13 year old kid. All the "hoo11"la will be over, media will be gone, and she still has to go to school with these kids ...

2. 5 days ago 100 supporters

3. 6days ago Saint Theresa Students & Parents started this petition

Reasons for Signing

Fred Soos 1 year ago ago

I have been a parishioner at St. Theresa's for over 30 years. It's a shame that all the good that is done by the St Theresa's church and school is forgotten because of some very biased reporting. St Theresa's is an integral part of the Kenilworth community and helps and affects people from all over North Jersey, not just Kenilworth. The St Theresa's food bank supplies hundreds of families regardless of their affiliation, residency faith etc. Father Joe has never turned away anyone or ever turned his back on someone in need. Father Joe has embraced Pope Francis' call to serve everyone who needs it and does so with kindness, compassion and a smile every time. I am proud to call Father Joe a friend and every prouder that St Theresa's is a model of Catholic caring, goodwill and compassion.

Michael Devlin 1 year ago ago

Share

Report

As an alumni of the school, lifelong parishioner and friend of Fr Joe, I find all of these accusations to be laughable. The Church, the school are important institutions to our community. Fr Joe has been a pillar of the same.

EXHIBIT SS

S., thank you!

On Saturday, Febru,ary 18, 2017, 1 908-265-1

7403 < >!wrote: Good morning,

I'm writing in reference to a p.etitid,n from St I

Theresa's fam,iJies that showe,d uw on my Facebook wall today. I feel dishe~rtened at the fact of what is written in poorltaste a,gainst this girl playing basketbaljl. She is a member of the St Theresas familf and other parents doing this shows immorql and unethical conduct. If the desicionl was

I

made, then allow it. 1 feel these p~rents have personal issues against a c~ild and I'm urging the administration to stop /this petition. ; I hope the setting at the game tortnorrow is healthy for all. Thank you, s .

I

[email protected]


Dear Deacon Joe:

Theresa Mullen Saturday, February 18, 2017 10:45 AM Joe Caporaso On-line Petition

Last night I learned that an on-line petition which disparages my family and most importantly my daughters was published on social media and also in the Star Ledger. I am sure it has gone viral by now in places I will never see.

This mean-spirited petition also states things that are absolutely false and uses the STS Logo. I believe it started and was posted by an STS parent.

Unfortunately Sydney independentlydiscovered this together with horrible comments by STS parents and others. There are even likes I am told by STS faculty.

No child should ever be subjected to this type of behavior.

This revictimizationof S. and now most recently~ continues without end.

There are no words I can use to express just how devastated I am about what has happened and what continues to happen to my young children.

I am at such a loss right now.

Last year I repeatedly came to the school and wrote endless letters all in an effort to discuss what was happening.

Now my children who were raised at STS and who love STS continue to be repeatedly traumatized over and over again.

I am also very concerned about what might happen at tomorrow's basketball game.

I am attaching the link with this email for your review.

https://www.change.org/p/archdiocese-of-newark-catholic-schools-we-stand-with-sts-end-the-misrepresentation-of-stt he resa-schoo 1-i n-ken i lwo rth ?source locatio n=m in iba r

Theresa Mullen

Sent from my iPhone



http://www.eset.com

1

EXHIBIT TT

-------~-----------------------

THERESA E. MULLEN

February 23, 2017

PERSONAL AND CONFIDENTIAL

Via Hand Delivery Joseph W. Cardinal Tobin, C.Ss.R., D.D. Archdiocese of Newark 171 Clifton Avenue Newark, NJ"07104•0500

Dear Cardinal Tobin:

I had tears of joy in my eyes when Sydney Phillips went onto the court to pl~y her first basketball game at St. Theresa School in Kenilworth this past Sunday to resounding cheers from the crowd.

On February 2, 201-7, I had very different tears in my eyes when S_a,, 13 !\Jld Ii I , , 11, were met by three police officers, including the Police Chief, the only pastor they have eyer known, the

- ' ~ch_ool principaJ and the associate pastor,_ all who l_>loc_kec! thei,_ e1_1tr@c~ wht!IJ t!;iey tried to go tQ school at St. Theresa in Kenilworth. I am the mother of these girls and I was devastated.

When I read the February 3, 2017 ar.ticl!': in the Star Ledger about the St. Jol).n's basketball team having to forfeit its season because· two girls were playing on its N basketbalil team in Clarkwho had played all_ season long and who had played at_ st: John's for 4 years, I had !sadness as well.

On February 16, 2017 I read the article about the St.John's team and discovered you changed your IIlll_ld and allowed these girls to play for the remainder of the season.· The Press Release attached to this article stated that you aiso dedcied_ fo rescmd tlie expiifsfon-of mYdaughfo~s: I fusf foamed of your decision through the newspaper as neither myself, my husband, nor my hus~and's attorney were notified.

There W?S another article in the Star Ledger on February 17, 2017. When discussing the expulsion, it was reported that you said: "I was appalled when I read they were removed. "Xt was a requirement that I think was fairly unique to tliat parish and it seemed to be unnecessarily puriitive not only to the 7th grader but also her little sister." · ·

When I read your remarks, they lead me to believe that you might n~t be fully! aware of what has been happening at "St. Theresa for almost one year. · -

Since I am not sure if you know certain information because you just began.ser!ving on January 6, 2017, I am enclosing the· following for your review together with some additional!infonnation so that you can draw your owil conclusions:

1) Letters I wrote to the Archdiocese on June 6, 2016, June 8, 2016, June 1!5, 2016, June 27, 2016, November 8, 20 I 6 and November 18, 20 I 6. These letters detailed! serious concerns I had at St. Theresa School. I repeatedly asked for meetings to address these,ccincems and-my

. requests wer; ignored. It was not until November 22, 2016 when a ~eeting took place. At this meeting my husband and I expressed to Dr. Dames and Sr. But1¢r that we did not want to take these is.sues to Court. Dr. Dames responded: "Have your lawyer contact our lawyer;"

2) A copy of the 4th degree criminal charges that were brought against me by the Pastor .at St Theresa related to the February 2,2017 e4pu1sion which are sti11 peljding;

3) The pertinent part of the November I, 2016 email from Richard Dpnovan, current CY0 Director for the Archdiocese and Associate Director of Youth Nfinistry wherein Mr. Donovan states to various St. Theresa administrators and to his bos~, Tom Conboy when referring to me:

"F~a-lly i~LJ:ju~t ie;ve yo-~: 'Yi,th this._.;she:likes t.o pull the ''C~t~Jli~ C~rd;, at ~i;e e~dof her eµiaii. Might I remind.you all iha(,i:esus abo :mad·e a w.hip; auci chased peopie

. out_of the temple· and flipped tables in an'ger-all actions he felt justifiable.''; ... ,

4) Copies ofhandwritten cards from many ofS.-.,'s classmates who W):ote consoling her on the day of the expulsion. These cards were initially conijscated by the 17th grade teacher and then returned by the principal upon request from one of s,-,• s female classmates;

5) Copies of Facebook posts th~t were given to Deacon Joe at the St. Theresa meeting on February 16, 2017, which was called by the Archdiocese and at whichiSt. Theresa found a police presence was n_ecessary for ·a second time (the police were also present for a third time itt the basketball game last' weekend which again included the Police ~hief). These_ posts include the St. Theresa Home School Association President; current JV Volleyball cbach and parent ofa 5th grader on social media-who.publicly stated that you werp a "coward" ruj:cj.~'.a:i': · politician who hiaes behind.the cross." Her husband stated that my husband and-I were··

. ''m.shol.e!!.''. ;we!_ 1:ajlec:!. oig- e1_1.m:e.family including my children "do1Jcheb~gs." Also enclosed are the public posts from the cwent 7th grade class 'motlier and iier 1iµsbaiid who placed S)IIIMlf's picture on their social media pages_ and made subsequent n~gative comments. Unfortunately SJ 1 I (and even some of her classmates) have seen most, if not- all of these comments on their own; -

6) Copies of negative public Faci::book p.osts made by St. Theresa faculty \dter the bas]{etball game this past Sunday (the :first game in which S,._,. played); also fo~arfled to Deacon Jcie. Included in these comments in response to that of Ms. Ferris, _who is 11 Teacher'-s Aide at St. Theresa, is a response from a Patricia Rim!j Blicharz (whose nan:\.e does not sound familiar) EXCLUSNEL Y about my child (S~) tha~ says: ·

"Wow You go boys. I hope you play awesome. As.for the P.O.S Sityqur ass down and · shut your pie hole •. MONKEY DICK.

s,.._., is only a 13 year old girl; and

7} . Copies of a Petition seemingly endorsed by St. Theresa -based· upon tlie use of i~ logo (without the comments.that can be viewed on-line) against our fanµl.y ~d by St. There~a

·. parents, which refer to.II) I y as "jealous·a11d·intolerant.". s--., is a National Junior.

2

Honor Society Member and is the Student Council Treasurer, a position of trust to which she was elected by the St. Theresa student body last year. This Petition "{as updated on Tuesday night and states in pertinent part: "Keep it 9oing." The "Keep it Going'' part refers to co=ents ])OSted on 'nj.com. Should you wish to view the numeroup articles written about the issues at St. Theresa and St. John, you will see that many of these comments are so vile, so personal in nature and so untrue. If you look at the co=ents posted in particular of bcsh9094 and beezlebrox, which collectively total in the hundreds, [tis my belief that you will coiue to the conclusion they could have only been made by someone at the Archdiocese and/or St. Theresa I am also enclosing my correspondence to Deacon Joe about this Petition and related responses regarding the Petition and Face Book posts froin my husband and his counsel.

As a mother, my ultimate responsibility is to protect, nurture imd teach my children. I have chosen to do that by raising them in.the Catholic faith in which I was raised. After reading the enclosed, I would welcome the opportunity to meet with you privately to discuss this matter and if at all possible before the new set oflegal papers that are to be filed with the Court onMarcih. l, 2017 .

. ' ,.

3

June 6, 2016

Via Hand Delivery and Via Facsimile (973)497-4249 Dr. Margaret Dames, Ed.D. Office of the Superintendent of Schools 1_71 Clifton Avenue Newark, NJ·07104°0500

Dear Dr. Daines:

I am the mother of three (3) children who currently attend St. Theresa School': (STS) in Kenilworth, New JerseJ,:S-...fourteen (14),~J i twe)ve (12) andK ·;; , ten (10) . .J11.-,whohas been at. the school for ten (10) years, since Pre-K 4, will be graduating tomorrow even\ing. S~ has been at STS for eight (8) years, also since Pre-K 4 and KlWlilitt for seven years ~ecause Pre.,I( 3 was available when s~e began school. .

. Page 12 of the current STS Handbook, states in pertinent part:

'-'Harassment occurs then, when one per~on makes repeated verbal, written, lJJhysical, or internet contact with another person who does not want these contacts. Bullying isl a particular type of

.. ha,r!!SSID.ell! ~t gern;ral!y ½,v9Jvei1 ~Qme :(orce, whe:ther.overtor .subtle.". ·

"B~lying/Cyber Bullying/Social Networking Behaviors are described but 4ot limited i:o the 6 categories listed.All bullying beh;iviors are considered a severe offense." i

The 6 categories listed are:

1) Physical Aggression, which includes:

Physical acts that are demeaning and hUniiliating .

2) Social Alienation,which includes: i

Setting up another student/adult to look foolish or to embarrass Setting up to take blrune · Publi.cly humiliating Runiorspreading

. 3) Written/Verbal Aggression

1

4) . Intimidation 5) Sexual Harassment, which includes:

Inappropriate remarks, gestures, sounds · Physical acts that are degrading/demeaning

And

6) . Racial or Ethnic Harassment.

Unfortunately, due to y.rhat can only be described as a very disturbing pattern oflYehavfor, my. husband and I have be.en at STS for scheduled appointments more times in the past 3 months than in the entire 10 years. thaii_µiy son has been. attending school. This behavior, 'which initially involved students at STS was negatively affecting ·my daughter ~-. However, due to the disturbing conduct and behavior of STS :faculty. ;ind the sc)l.oolprincipal, S~ has been re-victimized and now my son B_...Jias also been negatjvely affected. · . . ·

I am writing this Jetter as a result of the series of events which have occuqed over these past few months, the Jastoftvhich fookplace;this past Friday at STS, June3,2016. Abriefsuminaryofthese · events follows in the paragraphs below due to time constraints with ~aduation taking place tomorrow.

On March 14, 2016 I made an urgent appointment with Sr. Helene, the ~chooJ principal, for i reasons. The first reason was because I ]earned on the evening ofMarcli 11, 2016 after a Mother-Son danc~ at STS that an 8"' grade ·female student received a picture of a gun )Tom a male Brearley student who was :frequenting STS property after school. My husband, who is aretiredpolice captain in Kenilworth, had just·:recently asked these students to leave STS property because they were

· causing a disturbance. Immediately alarmed and concerned, I ~ec!Jhe .SJS]student :fromwhom I . learned about the picture to send it to·nie~ ···· · •... ·. .. .. · ·c · ... .. . .... . .....

-.. - ---- -- . - .. ····-· -·- . -··· ---- ---

I forwarded this picture to my husban<l and asked him to report the incident tQ the police, which he did the following morning. Because I was concerned for the safety of the STS co,mniunity, I showed Sr. Helerie this picture at the March 14, 2016 meeting and told her what I had ~earned. I asked my husband to tell Fr. Joe, the pastor of St. Theresa Church, about this incident, which he did that same

. day.

The second reason for the meetirig was that my daughter S~ told me on Marcli 12, 2016 that two . boys in her class were making sexually inappropriate gestures, includfog what c~n best h!'l desctiben as humping and gyrating on desks in class when the teacher, Sr. Juliett had her b:)ck turned. She auio said that.they were saying sexually inappropriate things. '

S;.ta,y conveyed that ;he reporte<l'these incidents to Si:. juJiett on several occasions and S:r . .Juliett told her that she would truce care ofit, but that the boys were still doing it. On March 12, 2016 I also ]earned· from another mother that these boys were also saying sexually inappropriate things and I wanted ta make sure Sr Helene was aware of this behavio~ and wmdd take tbe·appropiiate aciio.n.

This sexually inapprppriate behavior did not cease and my daughter then r~peatedly requested of Sr. Juliett to speak to Sr. Helene, directly. These requests were denied. · ' '

2

On May 9, 2016, one of these boys told a female student to "suck his d*~*1' in another class. My daughter asked to see the principal, along with 2 other girls and the teache.(" Jet them go. They" were· told they had to make an appointment and were made to wait for almost,an hour. Thls_ student's mother is IJ]so an employee of the school. ·

What ensued after this report was made was this employee staring my dauiltter down in recess in a clear intimidation attempt, a smear campaign against her stating that she v.l,:is a trouble-maker, ·that the girls in the class had an active imagination, that these girls were liars and so much more: Most of: this occurred on school premises and can only be characterized as classic re-victimization and intimidation by faculty. ·

Shortlyfr\ereafter my d1J.ughter and.two other students repo,ted ruiother incident to Sr. Helene where the worc!'"rape; waii usep by o.O:~_ofthise students., . . • . . .·. : .. · .. ' ·_ . . . .. '·. . . ·_ . . . . . . . . ... ... . . . ... . . . .- . . . . .. .. ..

Many p~eiits, outra~ed; ~adiappoiritments, including my husband and ~~,\;_,ifu si:. Heie~e lie;ause nothing was being done to stop this .. behavior that had been going on for months and which was making students uncomfortable.

On May 18, 2016, ·Ms. Duffy, who I believe is a part-time substitute employ~e, was brought in as a guest speaker for the class. She basically re-victimized, harassed and intimidated the girls who came forward and attempted to make them feel guilty. One of these girls was eve* made to cry.

Outraged that the classic unacceptable re-victimization behavior was continuing I made another appointment with Sr.-Helene. I also expressed·mydissatisfactioil. that Sr. Julie):! failed tci address the sexually inappropriatehehavior and' also· refused ·to Jet my daughter report it to the principal. . . . . .. • ....

. .

To make-things worse, the re-victjmjzation aud intimidation ~id JJot_ ~OJ>: ..

·· - OnMay-iO~201 oB;iiiiiii was· re:v,cHii:Jf :ie.f again by another faculty member imd was told that she was the problem in a class and that other teachers thought so.

On May 22, 2016 I lqgged on Power School to view my children's grades. S~'s grades for the trimester were the worst in 8 years. Equally as disturbing was a 74 that B~eceived from Sr. Juliet! in literature, which was his worst grade ever. Blaftold mehe had not eyen received the test grade yet. ·

I immediately wiote to Sr. Juli:tt, ~ho admitted thai she had not distributed th? test results,.

Another appointment made and back at school on May 23, 2016 for the May'120, 2016 incident. . Once again I expressed this "re-victimiz.ation" behavior and was told that it was~ "coincidence" tµat s~ was called out in class and made an example. Ironically enough, I learned during this meeting that S5 • ; had to14 this teacher the week before that she-did not·w!mt to sit next to· a classmate, the same· classmate who said "suck my d***" and tlre same cJassn:iate who bad been gyrating and who was exhibiting sex:Jlally inappi1>priate behavior ·

3

B1'1ai.received the test back. There were several red check marks indicating acceptable answers and one comment that not enough "words' from the story were used. Nothlng else on a' completely subjective test except for 5 definition questions which were entirely correct. ·

I reviewed the story and could not explain the poor grade to him. B-- went to Sr. Juliet! and the test grade stood. The following week he took the Final Exam. His grade was perfect on the objective part of the exam, but again points_ were taken off in the subjectivp part. Ba,went to Sr. Juliett and she would not change the grade. I am not permitted -to see the Final Exam.

Since B..._ has been at STS _he has been an exceptional student. To put llii.ngs into perspective, dwing one of his high school entrance exams he was given an IQ test and he tested at the genius · leve!. I:;Ie was acqept_ed m,to e-very _hiipi schpol to w!3ic.h h~ app]jed? received perfect scores on many sections of these tests and received about:25.% of the ei;1tire scholarship monies awarded to.his-entire class of2_-8 studen~. Spe.cific~ly; he receivect"$i08,000 £rpm four schools lout ofihe approximate $406,000 awarded fu total. -He has earned First Honors every year and was \l:Je only_STS student to win an award in .a core subject,. (wjth the excepµon _of R,eligiop) at the, Scholastic Olypipics (Mathematics).· I had no doubt that he might be the class valedictorian and have no doubt that this was a well ·known fact at STS for years, as teachers and parents had exprd/,sed to me he was the smartest child in the· school, even before he was in 8th grade. - · . . .

Because I was concerned that B ... s recent subjective grades from Sr. Julie/it could.affect his class standing, my husband met with Sr. Helene on May 31, 2016, expressed our ¢oncem and requested that before the valedictorian ~as announced that we be notified so that we coU!d take.the appropriate st~s if it were not Bl!illl. I thought this :was the best ·waypossible to approaph the situation and if Bria was not the valedictopan, I could verify this with the figures and explaµi this to him. I could also determine what impact the recent subjective grades had on the final con).putations. ·

Sr. Helene agreed to notify my husband in advance.

----- Sr-.-Helene-did-not-keep-her-word-and·announced theva:ledictorlrunma slilutalbnaiilo'R ____ J:·:lass·· ·--- -·· this past Friday, June 3, 2016 BEFORE she called.my husband. B_.. was not the valedictorian. My husband was understandably upset and·requested another meeting. He cot4d not believe that sr: Helene lied and expressed his dissatisfaction with her over the telephone. He tpen proceeded to the school to schedule the meeting and to pick-up the children because there WM. a school half-day. When he arrived the _Police were there waiting for him because Sr. Helene haijl called them.

I was at work when all of this occurred and requested an immediate meeting, t,vith Sr. Helene and Ms. Pakulski, who computed-the class rankings. During this meeting Sr. Helene could offer no explanation why she failed to keep her word. I requested specifics about the n'umerical difference between valedictorian and salutatorian. However no information was provide<jl to me other 1han it was by-less tlian one.point and that if you took Sr. Juliet!' s class out of the mix, B~ woo.Id not have won, a rather "rehearsi::4'' answer.without any figures to back it up. I[was also-banded a

· . numerical sheet with_ B._.s alleged final averages without any back-up. ·

Itis app11rent~hySr_ Relene.djd ·not keep herwnrd becmJse a cballengenowlapkslike srn:,rgrapes · to the child that was announced as valedictorian. There is.also no doubt thaj: the timing of the announcement was carefully planned as it was announced on Friday. With STS being closed until today and graduation being tomorrow, there is little time to be heard. - ·

4

There is no doubt what.has happened here is classic re-victimization, intimidation and retaliation. First against a child who had the courage to come forward and report: completely inappropriate sexual behavior and now against a child who has had a stellar academicirecord for IO years. And finally a call to the Police against a parent who dared to question a STS Pdncipal as to why she failed to keep her word. ·

This pattern of behavior which has also resulted in "protecting oni:,'s own" is completely unacceptable anq I will not and cannot in good conscience allow this to 9ontinue.

It is unfortunate that I am left with no other alternative but to write this 1ett~r. I do so reluctantly and with a heavy heart. I was married at St .. Theresa, all of my children were b4ptized there and my first job put of/aw.school. Wa? with the }\rcl)dj,ocese ofNeV>[ark, Howeved hav~ 3.childr~ in this school · wl;tci h[!ve never been a !,ehayiqral or ac~deniic p_ioblem .. All I;tavi; peed oii the I-:ia'.iior· Roll .and S~'iu;td Blillil,are inembers oftlie'Junior N~tional Honor So'ciefy'. I d~ not want K~; who has not yet been negativelfaffe.cted'. to, be victinilzed . .- . . : . . ..

I have tried repeatedly to speak to those in authority at STS to no avaii and the victimization, retaliation and intimidation contimie,s ...

By way of this Jetter I am requesting an imm~diate meeting with the Archdiqcese before graduation tomorrow evening .. I am also requesting the written policy of how the valedictorian/salutatorian is

. ' computed be provided to me, induding how the Advanced Math class is iyeighted, together with exactly how ii was calculated this year with back-up figures so that I can conf!TDl that it was accurately done. At least then I ·cart give my .son, who is clearly upset, the\ closure that he needs. There is no question that I have had mathematical discrepancies in the past which needed ·to be corrected. .

. . 1 am also putting STS and the Arclidiocese on notice to preserve-allofthesefeqiiested iriaforiais in

.. -.-· .. ·the-event·iliat·i:hey-are-not-voluntari!ygiven-nHne. . ·- · = . . , · -- ---- ·

Since time is of the essence here, I have not gone into_greater detail of how poorly the sexually inappropriate behavior was addressed. .

There is no doubt that those in authority STS violated the very provisions of its Handbook which address harassment and bullying with respect to myfamily and those stud1:11ts who were hamssed for the reason1; stated ~erein._ '

. . . I ask that the Archdiocese lJillDediately schedule the meeting requested and; that these issues be addrt;ssed as this pattern can not be allowed to continu . .

cc:. Sr. Piitrfo1ii]3uiler, ~ Sr. Helene Godin, FMA Fr. Joseph Bejgrciwicz ·

5

THERESA E. MULLEN

Via Facsimile (973) 497-4249 Sr. Patricia Butler, SC _ Office of the Superintendent of Schools 171 Clifton Avenue Newark, NJ-07104-0500

Dear. Sr. Butler:

June 8, 2016 _

This letter will confirm our conversation yesterday wherein I declined your SJ,1ggestion that I contact STS to make an appointment with Sr. I:{elene, Ms. Pakulski, myself and B• This letter is limited to the valedictorian issue. '

As I stated in my June 6, 2016 letter, I have tried repeatedly to speak to thoseiin authority at STS to no avail and the victimization, retaliation and intimidation continues. I will ~ot allow Btiiait to be subjected to this continued conduct and without the information I requested, B•would not have

• • • I

gotten the closure that he deserved and the closure that was proriiised before Sr. Helene chose to renege on her word. · · ,

• • • • I

At the n;ieeting which both my husband and I attended with Sr. -Helene,[ she· could. offer -no explanation why she failed to keep her word. When I requested specifics /!bout the numerical difference between valedictorian and salutatorian no specifics wete given to m11 other than it was by Jess than one point and that if you took Sr. Juliett's class out of the :mix, Bai still would not have won. As previously noted, I found this response to be a rather "rehearsed" answer without any figures to back it up and I was also handed a numerical sheet with B...,s al1eged final ·averages without any back-up. · · ,

I Last year i was told that the valedictorian was decided by .01 of a point, makii).g it clear that exact results were not secret at STS and ~t th:'y were disclosed in past years .. This m~erical re.51;11t from last year was confirmed at the meeting with Sr. Helene and Ms. Pakulski, yet!~ was not given tl).e information I requesteq, which begs_ the-questio11-why. not_ if there is nothilig- to hide; that Sr:

· Juliett!s grades did not have an impact and that STS is certain that there were no bispalculations and that the results are accurate? · '

-There is no doubt in my mind why Sr. Helene did not keep her wqrd-_ becaUlje a- challenge now looks like sour grapes to the child that was announced as valedictorian. ·There i~ also·no doubt that

I

the timing of the announcement was carefully planned as it was announcetl on Friday leaving &.a without the opportunity for closure before graduation. This conduct isWnimg on so many levels for the reasons I previously expressed resulting in Bliat graduating yesterday;without the answers that were promised by STS. .

Yet despite the fact that the conduct of STS is a clear attemptto cast me iri an unfavorable light for challenging the determination, I can not allow this bullying, re-victimiZi\tion and intimidation to continue. Again I ask, if there is nothing to hide and the information us¢d to calculate is readily accessibJe---why is it being withheld?

The pattern of behavior and conduct already described is deplorable and'!i am not abandoning my reque~ts qespitc; th(?.faCt that graduatio,n_is:over without _n:iy child.getting theidosuie I.bathe dv.seryed· _before· gra<;luati.Q:q tqok plac~, a c)i;niure t]:ia,t \-\'.M propiise.d by' Sr. l;I~lene; . . . . . . : . · ·. : . · ·

. . . . . . . \ . .

Befor~. the vaiedicta"rian ·.;;.,~ 'rui1;6un~e-d; I ~anted 1~· be ~~tified so iliat we could iake ilie appiopriate·steps.ifit were n_ot Btial. There is no question that this was ~e best way possible to approach the situation because it would have allowed me to verify the figure~ and to determine what inipact the recent subjective grades had on the final computations. If STS i,yere right, I could have explained ever.ything to BMa before graduation. STS purposefully, d~ite its prorni~e to the ccintr~, wrongfully deprived me of this opportunity and there is no plausi~Je explanation why.

Once again I am requesting the written policy ofhow the valedictorian/salutitorian is computed be provided to me, including how the Advanced Math class.is weighted, together with exactly how it was cali:tilated this year- with back-up figures so that I can confirm that-it W¥ accurately done.· At least then I can give my son, who is still clearly upset, the closure-that he need~. There is no question that'! have had mathematical discrepancies in the past which needed to be cqrrected.

This pattern of behavior which has also resulted in "protecting one's own" continues. . ·- -1 ...•.

:U:tlie.Atcli&~cese-refus€Sto-give-m!3-trus-iru0rmati0n, l-.reil'l:lncHFF&and·tne-1Vchcfiocese-byway15 this letter that both have been put .on notice to preserve all of these requested jnaterials in the event that they are not voluntarily given to me and that additional action needs tcibf taken.

There is no doubt that those ~ au1!1ority STS violated !11e very provisions o~its Handbook which address harassment and bullymg with respect to my:fan:iily and those students v.rho were·hatassc;d for the reasons stated prC?viously and her!lin. . . · ·

cc·: DE Margarc;,t Dames,-:Eo.D. Sr. Helen!l Godin, FMA. Fr. Joseph Bejgrowicz

2

Via Facsimile (973) 497-4249 Dr. Margaret Drunes, Ed.D. Office of the Superintimdent of Schools

·171 Clifton Avenue Newark, NJ 07-104·0.500

D_ear Dr. Dames:

June 15, 2016

It has been over one week since graduation·and one week since my June 8,2016 correspondence. I have not received any response. Every day that passes is another day where there is no closure for BiMI. . . .

As a result, I can only surmfae that the Archdiocese has elected not to ~chedule the meeting I requested and has chosen not to supply me with the information I requested.: Please be advised that if there is no response by week' 1l ~4, I will have no othe;r choice but to take this matter to the next level. I hope this is not necessary. :-

- --··-- -·----- -·--------

cc: Sr, Patricia Butler, SC Sr. Helene Godin, FMA Fr. Jofeph Bejgrovvicz ·

. I

THERESA E'. MULLEN

Via Facsimile (973) 497-4249 Sr. Patricia Butler, SC Office of the Superintendent of Schools 171 Clifton Avenue Newark, NJ 07104-0500

Dear Sr. Butler:

June 27, 2016

This Jetter will serve as a response·to yotifJune 13, 2016 coiTespondenc~, in part, requesting the names of students who were involved in the se~ually inappropriate behavior that was continuing for months at STS, as well as the nan'.les· of the students who reported this beh~vior. This information can easily be obtained from Sr. Helene. · · · · · ·

I did not name these students in _my letters because it is the failure ofSTS tc> properly address what was occtirr.ing at the outset and the negative impact it had on my children that was my pm:pose in contacting the Archdiocese. As I stated in my initial correspondence "., .due to the disturbing conduct and behavior ofSTS faculty and tl;!e school p.tjni;iJ)l!l, S~ has been re-victimized and now my son B ... has also been negatively affected."

Other. patents can speak for themselves. I also stated that many par/mts, outraged, made :a_pp()in!II.l!m~, jp.cluding my husband and me, with.Sr. Helene. because nothµlgwas being done to·· . . . ru::thatbad:heen:gomg=orrfs=onths'll!1ehvhleh-was-making-st)ldenwtm=nfomtb11e'.==== The 6th grade class is not that large. ·certainly those parents can be contacted by the Archdiocese.

1n addition, I did not assert that :aiia. should have been valedictorian in any of my letters. The fa~i remains that despite all ofmy requests,~ still do not know and I still have not b~en provided with the information r~quested which has denied me the opportunity to verify the restjlts.

Once again, I am inquiring as to whether th going to supply me with the information I re

cc: Dr. Margaret Dames, Ed.D -81';-fielei,e Godin; FMA Fr. Joseph Iiejgrowicz

· THERESA E. MULLEN

Via Hand-Delivery Dr. Margaret Dames, Ed.D Sr. Patricia Butler, SC

November8,2016

Office of the Superintendent of Schools 171 Clifton A venue Newark, NJ 0.7104-0500 _ .......

De!!!" Dr. Drones and Sr. Butler:

This letter will serve as mys"' correspondence to the Archdiocese regarding :r)ly repeated requests for a meeting and for information. It has been OVER 5 months since my first~equest and absolutely _ nothing has been done to my knowledge. ' ·

There also has ·not been any response to my last correspondence dateq June 2t,2016, despite the fact that the June 13, 2016 letter from the Archcjiocese indicated that the issu~ I defined·were being looked into. Tltls last correspondence from the Archdiocese w:as sent a1mo1/t 5 months ago.

As I stated in my initial correspondence, _in p~en't _part.'' ... due to the di!sturbing conduct and behavior of STS faculty _ and the ;ichoo] · principal, Sg 1 ; has been' re-victimized. This"revictimization" ·has not ended in tl:iis new school year and Jess tlian twq weeks ago, parents

____ ..,_, e~ent.ecl_S,_1 __ }:l}JHilebe_EN.-;PB;,p~baschoru-funGtioo.-J.-am-attaclmig-a-recenk-maii.date .. d-:._. __ - November 4, 2016 sentto.JJeaconJoe,-togeth=with-his-i-esponse,whleh-fai!eclw-address-anym:ti=on~----

-- ---- ------ to be taken by STS with regard to the "trunk-or treat incident'' described. (This~esponse did address STS Girls BasketbaU w.\tlch will be discussed below). - · · · · I. ·

'. As I stated to Deacon Joe, it is no coincidence that s,..y was excluded after aberious incident was -reported to him about the clilld of these parents. Adults and children have beetj instructed to follow the "see something, say something" policy which she did fast year and again this year.

- '

I

-------1I"'Y""lill,~Hnrue>tt-ee,ontkme-te-let 03 r e· be-!!r~-v.ietimized!!-whi!e--these--m-authority ~ to takB-appro-priate~---action. ·

I am· also attaching the recent correspondence dated Novembil! 1, 2016 between myself, the St. '.Theresa Athletic ~ctor (AD), Rich _Donovan and Deacon -Joe to which ~ have received no response, other than on November 4, 2016 from Deacon Joe as already noted ancJ,I asked to receive a · response no later than yesterday.

While I lllll not going to get into .the particulars of!ast year with respect to th_e Girls Basketball program \n this Jett~, I believe that there is no question that there was an obvious'1attempt by the AD to sabotage -the Girls program, wltlch occurred again this year. I let it go last year because I was -

given a short time to enter a team and to refute all of the misinformation that the Archdiocese· received from the AD. · In light of what is contained·in this correspondence, what is contained in the attachments and in last year's correspondence, I am asking for an immediate investigation of the AD's conduct by STS and . the Archdiocese.

This year I am told that I will not be given any time to enter a Girls Team despite the fact that there was NO DEADLINE on the basketball forms distributed by the AD. (Emphasis supplied). In light of this decision, which I believe is completely unfair, I am also attaching my November 3, 2016 correspondence to the AD with the completed fonns which included a request that Sydney be placed on the Boys 7"' Grade Varsity Team, since there will be no Girls Team. There also has not been any response .. from th~ AD. : .. " · . ·:. . .

. . ., .. As I noted· in my Novemqer 1, 20) 6 .c.op-esponc/ence:

. .. . .. . . , . . .

Th~re is.no di:l~bt i:t;'~t s-i~ the nest 7th Gfade ba;k~tb~IJ player in th~·scliool_:_both b~ys and gi;I~. I am not making that statement because she Is my daughter. I am making it because it is true. If there is a dispute I am willing to h·ave any independent evaluator chosen to evaluate and confirm.

I further stated:

If the Archdiocese will not let STS enter a girl's team, then the fact remains tha.t $lJldl;.,y wants to play basketball, deserves to play basketball and it Is my assertion that she has to be given an opportunity to do so at STS because there Is a basketball team upon which.she can play.· Again if ther~ is a-written rule to the contrary, pl~ase provld~ it to me im~edlately. · · · · · · ·

I have reviewed the 2015-2()16 webs.ite and.there is no restriction that.I have seen. in addition, it states that "Rosters must'be submitted by tt}e first game." Therefore there is no question tha!t s, 1 can be added and that I can coach. ·

I . · -------Tnereis no question thaTCatliolic school girl'_s_ar_e._an_a--h-av_e_b·-e-en_p_e_rnn_tted to play on Boys .

bi)Sketball teams when there is no comparable Girls team .. To that end I am. attaching the pertinent page from the Holy Trinity Church Website in Webster, NY which allows for tjrls EXACT TI:IlNG. (Emphasis supplied). The entire website can be found at http://holytrinjtywe~.com/cyo.php.

. . '

Once again, I am'inquiringM to whetheFtheArchdiocese is going to schedule almeeting, is going to supply me with the information I requested and ifitis going to take hnmediate ~ction to address all of the issues I have repeatedly outlil}ed before something even.worse occurs. I iµn also asking if the obvious continued re-vi~tion of ll§ I 1 is going to be· permitted to continue without any consequences .

. Certainly I cannot afford to·Jet more time go by.

·Finally, hi accordanc~ with my request last week regarding placing s,ai.y on1

ithe 7tli grade Boys Basketball roster and naming me as a.coach, time is also obviously of the essen~~ becaµse the CYO . niies state that additions to the roster must be done before the first game. Therefqre I need a written reSJ?Onse which ·J have requested both from STS and from the Archdiocese. Mf email address is contained in the attachments;· . ·

2

If! fail to receive a response by the close of business tomorrow, I will hs,ve no other choice but to take all of the aforementioned to the next level. I am not copying Ric~ Donovan on this email because of what he has stated. I am copying Deacon Joe as the current S1rS 'Principal.

cc: Peacon)oe 'Cajiof~o . . .

; : . :, .. ·:.-.. : ·. :: .: .: . ·· .. . - ...

.• i

3

. THERESA E. MULLEN

November 18, 2016

Via Hand-Delivery Dr. Margaret Dames, Ed.D Office of the Superintendent of Schools 171 Clifton Avenue Newark, NJ 07104-0500

Dear Dr. Dames:

This Jetter will serve as my 6th c6rrespond~nce to the Archdiocese wh9rein I have repeatedly requested a meeting and information. The Archdiocese to date has not even $iven me the courtesy of a meeting despite my previous letters dated June 6, 2016, June 8, 2016, June 15, 2016; June 27,2016 -and November 11, 2016, in which I detailed serioqs concerns and issues at St. Theresa School. ·

This.letter will serve as a final request for a meeting. If a meeting is not sc~eduled by the close of business today, I will have no choice but to file the appropriate legal paperwork on Monday, which I hope· is not necessary. 1

cc: Cardinal-Elect Tobin

KENILWORTH BOR MUNICIPAL COURT 567 BOULEVARD KENILWORTH NJ 07033-0000 .908-276 -1104 CO.U/{TYOF: UNION #of CHARGES

1 CO-DEFTS POLICE CASE#;

THE STATE OF NEW JERSEY vs.

THER:EtSA MULLEN ADORES-~\ '

,: 6§ I um HILE 1!6i&

NJ DEFENDANT INFORMATION SEX: EYE COLOR: DOB: ,__C_O_M~P-LA_I_NA=N=T~----~-------------< DRIVER'S UC.#.

NAME: JOSEPH BEJGROWICZ SOCIAL SECURITY#: DLSTATE

·· ·······"· · • • · • • · · · • • · ·TELEPHONE % . LIVESCAN _PCl'HI: ...

SB/#: 7327

By certification or on oath, the com)ilainanr ~ays that to the liest of his/her knowledge,_infqnmation-and· beli~f the named defendant on or-about,02/02'/2 ()1,'7 In·· · ·. -KENJ:LWORTH· BOjW· ·"··· · ··- · .. ,; ..... · DN:l:ON · .. · " County, NJ c

.WITHIN THE. JURISDICTION OF .. THIS .COURT, AFTER HER DEFEND.ANT, CHILDREN WERE: - . EXPELLED FROM SCHOOL, AFTER NUMEROUS.REQUESTS FOR DEFENDANi!' TO LEAVE. ST.· THEREs;

.. SCHOOL SHE STILL REFUSED. TO, LEA.VE .. KENILWORTH POLICE. DEPARTMENT WAS ASKED· TO AS-SIST····CfN-·HJW=-ING DEFElNB-AN'l'-"LBAVE. -- · ··-"···· ····· "" -·----. --·----

THIS rs VIOLATION OF 2C:18-3B

PROBABLE CAUSE WAS FOUND BY JUDGE VITALE

... In Violation of:

Original Charge 1) 2C:l.8-3B 2) 3)

Amend ,arge

CERTIFICATION: J certify that the foregoing statements made by me are ~e. I am aware that If any of the foregoing stater,ents made by ma are.wilfully false, I am subject to punishment . ,

Slgnod: · ~: ~ji ·,e-:y= _

PROBABLE CAUSE DETERMINATION AND ISSUANCE OF SUMMONS 0 Probable cause IS NOT found tor the Issuance of this comj,Jalnt

Signature cf Court Admlnhstrator or Deputy Court AdmlnJstrator Data

Gil Probable cause JS founct for the Issuance ·01 this complaint-summons: SlgnahJra of Judge o, ..

SUMMONS:YOU ARE HEREBY SUMMONED to appear before the Superior Court In the county of

· 1tyou faR lo appear on U"lldate end al the ifme stated below, a warra~t may b& Jssued fo,:your arrest.

Appoaranco Date: 02/21/2017 Timo: 09·: OOAM

~ Date of Arrest:

Signature of Person. l~ulng Summons

D Domestic Vlolenc,J!._--ConiJctentlal D

Speclal conditions of release: D No phone, mall or other personal contact w/vlctlm D No possession flrearms/weapons D Other (specify):

at the fol/OWfng address:

Phorie:

Date 4/,0/17 D ~erlou,:, Personal Injury/ Death·

• · Involved .

---·- -·------ .. · .... -.· .. -·· . ·· ..... · ·-· -.- - . ··.-. .. . . . - ··- . ------···---:...:......:.----·"7--· . ..;__-_. -··:.:_, _ _._. __ , ..... ·--:..::..::...:. __ _

·on Friday morning October 28th Divisions would be locked and Steve would start hf~ prep In making the sche.duling packets for each program. With 19 programs this will take him almost 5 days to do. I, This would Include all matchups, divisions etc. · !

I ' Saturday November 5th would be the scheduling meeting at St. Agnes-8:30am startl I

So I get that she wants.to live In the past and us~ that as her refe~ence .... but we are u41ng a different tlmellne thl.s year. One that the deadline passed a week ago and that volunteers have been workh\g for4 days now to prep for this weekend for. \ .

After speaking with my Boss tomorrow I wlll make the recommendatlon that our Off!cJ bring this to the attention of Jim Goodness and the Communications Office tomorrow. I unfortunately do not see this ,letting any better before It gets ~o.rse and I honestly dqn'.t know how far she plans to take,thls. I Just want to _make s~l-e If she reaches outto anyone In Chan_ceryhe 1s·veii;e_d'on'.the~tiliject. . . . . . . . ·I . . . . .

,~~~~· .. · 1.'~111.a~o defer.to rnyJ!Qss.'.s..and.~"tbD1Jghtscanrl.,decJslonsJf,my,lnv.olvem~nt-ln-thls-1\1ovlnf}foiward-presents"any--· -· conflict of Interest and If I should be removed from this situation. · · \ ·

. . . ' i . Finally Joi I Just leave you with this.~ she likes to pull the 'Catholic Card' at the end of her emall • Mfght·1 remind ydu all that Jesus also made a whip and chased p!!ople out of the temple and flipped tables In a,jger- all actfons he felt Justlflable. · i

Have a good night.- Go CUbblesl

Peace, Rich+

Rtch Donovan

'. i

Assactate Dlcector.-Dfflce.ot..¥0utlJ.-&.-.Vo1n1g-Adult-Mlnl1sm1-----------,-----o------------ArchdloceSe of Newark. NJ www.rcan.org Archdiocesan Youth Retreat Center 499 Belgrove Dr, Kearny NJ 07032 Office 201~998--0988 x 4150 Cell 908-447-4948 Web, www.newarkovm.com

• I • • ... - ·- •1 ... ______ _

· From: Theresa E. Mullen [mallto:[email protected]) Sent: Tuesday, NovemberOl,-2016 9:07 PM To: DonO\/lln, Richard <[email protected]>; 'Anh Bui' <[email protected]> 1

cc: [email protected]; [email protected]; securityse,vlceplus@gm~II.com; [email protected];

prlnclpal@mysl:5.org '\ Subject: RE: S75 Girls Varsity Basketball. .

This reply wlll serve as a response to the e-mails of Rich and Anh below •. Sine\' there are allegatlons by Rich of what was said In a one-on-one conversation that my husband had wltllhlm today, I am copying Scotto~ this email. Also I liave no Idea whose emall ls [email protected] and would like darl!Jcatl6n. ·

'i

. The onfy reason I ever ,.;,ached out to Rich ls because I was ~rected to do so by Fr, 'Joe and :\loll BuL Rich knows that because I told him so each time. In fact; I contacted Rich for the first time last year when Fr. Joe1 directed me todo so. Fr,

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l ' . . · Wanda Grimaldi with Robert A Grimaldi .. -

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·Parents of ~etball girl who $1Jed,school are· . . . teat:hing: ~-narcissism, not Justice .

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· . Rieb Harr~-on ._ ~rttmat>etyj th:e ria1 c~$t is that file ._

-- -· -r&~on ,()ftfiw. ~e.:pttonaJ $Chool ks: b~ dragged fuou~h ~ mud ~vw-0.00 d'l-Ud amJ en EXTRAOOR~JCVLAR ootlvit~ l'Ns -~nun~ 'Of ~es who tlJmt>lv want a sma1 ewe~ :f-artheir chJldren. · Ju$tnMV•Uke·R~ ·

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Jk>;bfflA Grimefdl shared Wanda ~ Grirmlfdi's post-at OChurch of Sft .. ~ ... Ke~ NJ. -ao ffittl$ • Kenilworth • e -

And as Paul Harvey ooed to-say md now the nm of , ___ ,:_· #tJ""'le""$tmy

· Weft at~a. m.tfe-b1t ~ · - _ And tbey"$boufd realy stop pufltfng the adolescent Photo on~ ttunes-Aoo they sboufd·post pk:l\lres of the parents fmitead

·Wanda OrimaJdf _wft:h_tlobert A~ 1hr~0

Very well safdfflU

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Wands G:rimmdi Can1tsa½ f ?J,1pvtr saw thairr.l pfEJ.y, Smt· i o:an e:ay this. J'fu~s ar.e t4'f~sJ And ft ·

. s.~ms if they. don1t !~ t!i.e rula\s th$Y . S:OO,,. •• .-CYO rukis are-different frO'm • · PU.bUc schoc,$ rules. r s:e..nd rn.y chffd 1<.i

STS for tfi(:)Ss& rute,s. lt's ~bout thee wnote . . plc:tuw here-.

. 1 minute ago • i.!Jre: • Repfy

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Wanda GrimaAdr You ptay han:li ynu are going to tan hard. . ·:fmi~·aso; i.~; R$ply ·· ·· ·· ··· · ·· · · ····- - - ·· ··

Rich Harrmston Uri~-nately, tfm real cost ls tfl.et tM· . r~ton of this.·exceptktnal school is bein~ dragged though th& mud over one- child and :_ an EXTRACURRJCULAR activity. This hurts nul'Jdr-ads of families who simply 'iMtmt a gr-eat -education tor their children. · · · Just now • Like • Reply

Robert A ~l shared \Vanda· . v. Grimekfi's po.st-et 9ctwrch' of St.

· Theresa .. Keniworth, NJ. . 39 mms • Kenilworth • e

. Md as Paut Harvey used'to say and now the ~est of. the story . Well at Jent a MUie bit mor-& And they shoukf. reaJJy stop puit!ng the adolescent Photo on~ tt,i~ .· And they sh'outd post plctures at-the pareM$' mstea-d

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Yes! 49 minutes ago • Like • CJ 1 • Reply

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At least this. part of the media addres.s the . parents and stop .dragging th:e f,!hild who has

,. nothing to dci with it thro;ugh the headlines 28 minutes ago • Like • 6 3 • R~ply ·

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· Lucille Cier · I agree 100 percent!!

24 minutes ago • Like • i:J 1 • Reply

Lisa Muscolino ·sergamotto Maries-basketbaJI .tea, ti jusrptayed against a team with two girls onit ... St. Johrt the apostle; a :team in our diocese and cyo. why there and not at St. Theresa's? i •

Seems like this· ·is personal not pdlicy. 9 minutes ago • Like • Reply .

Wanda .Grimaldi Those.girls weire removed frprri the .. team after the coacfl made a mistake .. He

· · ·admits his mistake too! And yes it is . personal.. .... ft does seem like the PhfUips . · · have pe:rsooal issues with STS ..

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,eresa E. Mullen

From: [email protected]

Sent: Tuesday, February 21, 2017 11:20 AM

To: [email protected]

Cc:

Subject: Re: Facebook posts

Dear Mr. Westrick: The email address that I cc niy correspondence on is to Mr. Phillips and Ms: Mullen's home er address. The most recent correspondence was sent to you from ·Mr. Phillips. The fanlily has used the same email a for years. How are you concluding otherwise?

I will forward to you a betterfacebookpage that is not "cut off'. The facebookpage is from Ms. Fems who is a-tea aide at STS. Mr: Phillips' email indicates that this post is from Ms. Ferris. Thank you, Susan B. McCrea

"Sbmeer-eafamlaw@aoheom· ·:·· · ··· · ·····=-~-'-' ~~ ..... -·····--- ··--·· ··········---··-·-·- , ____ _l_ ····-------···-···------· ......................... .

-Original Message-From: Christopher Westrick <[email protected]> To: sbrnccreafamlaw <[email protected]> Sent T.ue, Feb 21, 2017 11 :09 am

· /0"-"lect RE: Facebook posts

\kCrea:

I run aware of this although I cannot tell from wha.t Ms. Mullen supplied ·where this came from as it is cut off.

Furthermoxe, you emphatically told me on Sunday that · , · Ms. Mullen is not my client. If the Princi al eacon Jo oseS-to-.fu!'Wal'li-Ms.Mu-llen-'---correspon ence o your o ce he certainly has every right to do so but it woultl not be appropriate for me comment any further as to same as she is not my client and iii currently not a *amed Plaintiff in 1he case. . . .

I note that you continue to co_py Ms. Mullen on emails as _you ruive done tbxoughout this matt<:t. So do you xepxesent Ms. Mullen or not? If not, then she will be dealt with dttectly, ·not through you. Please advise. i • •

Christopher H. Westrick, Esq. Certified by the Supreme Court of New Jersey as a Civil TrlalAttorney . . .

Carella, Byrne, Cecchi, OJstein, Brody & AgneIJo, P.C. · 5BeckerFannRoad · Roseland, N.J. 07068 (973) 994-1709 (973) 994-1744 (Fax) , • . . .h!\P://www.carellabyrne.com [email protected]://www.carellabyme.com/attonjeys/~hristopher-h-westrick/

From: [email protected] [mallto;[email protected] Ser; 'uesday, February 21, 2017 10:15 AM · To: 1stopher Westrlck . · Cc: , _,,.-9@ 1 t Subject: Facebook posts

/24/2017

are,sa E. Mullen

From: Theresa E. Mullen [

Sent: Tuesday, February 21, 2017 8:37 AM

To: 'Joe Csporaso'

Subject; RE: Facebook posts

Attachments: f13cebook Posts.pdf

Here is the attachments.

From: Theresa E. Mullen Sent; -ruesday, February 21, 2017 8:35 AM To: 'Joe caporaso' subJect: Facebook posts

Dear Deacon Joe:

--· - ' - , - . - . -

Attached please find additional Facebook posts that have come to my attention involving STS\faculty since Thursday's meetim which were brought to my attention after Sunday's basketball game. The post with 49 rninutes,_on top Is from Mary Ferris. · •

. Scott-Phillips ·

-----__ Information from ESET Smart Security, version of virus signature databas~ 12804 (20151231) ___ _

n_essage was checked by ESET Smart Security.

~t;tp://www.eset.com

____ Information from ESET Smart Security, version of virus signature database 1~804 (20151231) -------------."

Jhe message was checked by ESET Smart Security.

http://www.eset~com·

---~Information :rn;m ESET Smart.Security, version of virus signature database 1280~ (20151231)-___ _

'he message was checked by ESET Smart Security.

tp://www.eset.com · ' \.

eresa E. Mullen

From: [email protected]

Sent: Sunday, February 19, 2017 12:05 PM

To: [email protected]

cc: s s ij a ::aa u subject: Re: Phillips v. Archdiocese et al

Dear Mr. Westrick: Please see a corrected version ofmy email of today below. In my haste to send it to you befon basketball game I had a couple of typos. I did not want you to misunderstand any part 11fthe email by virtue ofthos( errors. Very truly yours, Susan B. McCrea

[email protected]

~Original Message- . . .Er.om:.sbmccr:eafamlaw..ssbmccr:[email protected]?-....... ··-- ... ~~=--·='-· :- . To: CWestrick <[email protected]> Cc: Sent: Sun, Feb 19, 2017 11:39 am Subject: Phillips v. Archdiocese et al

Dear Mr. Westrick: • • i

I ~in receipt of your email of Saturday, February 18, 2017 including Ms. Mullen's comrt1unication to Deacon Joe. I ~ t1 _ ·ou please refrain from sending me self-serving and clivisive'correspondence. As yo11 know, I have at least twice tricu to resolve this matter with you but Defendants have chosen not to come to the table-ahd co=unicate regarding same. That is their choice however sending this type of correspondence is not helpful or productive.

Ms. Mullen is not my client. If the Principal (Deacon Joe) of STS chooses to forward Ms. Mullen's correspondence to your office he certainly has every right to do so but it would not be appropriate for me to comment any further as ta S8Il11

...as.she.fa.not.m-y.-c;lient-aml-is-eurrently-not-a-nanrecrPJ.aintiff in the case. ' ·

With respect to the balance of y~ur email, on behalf of Mr. Phillips, who is certainly aware bf the petition, I am not exactly sure as to what you are referring. Is it only the comment& attached to ·the petiti_on th~t c~>ntains STS logo or is -it the comments that Deacon Joe was provided with on Thursday, February 16, 2017, at the STS meeting called by the Archdiocese (by another parent) who also brought it to my client& attention? These commerlts include the STS Home Association President, current JV Volleyball coach and parent of a 5th grader at STS on sodfll media who publicly staied that Cardinal Tobin was a "coward" and "a politician who hides behind the cross". Or is it tl:\e public comments on social media by her husband that called my client and his wife "assholes" and called the eptire family including their children "douchebags''? Or is it j:he comments by the current 7th grade class mother and her husband who placed S.P.'s picture on their social media pages and made subsequent neg11tive comments? Mr. Phillips ~ given these conm:ients rt. the STS meeting and_ gave his copy to Deacon Joe. '

l.{uch of your email also addresses. a poi.ice pre~ence. To be clear the police were present on Eeb~ 2, 2017, the day of xplusion, at the request of your clients (the chief and two other officers), they were. called by your client to :the meeting at TS called by the Archdiocese on February 16, 2017whenMs.Mullen arrived and.now I learJ\l they are being called by_ :,u· 'ient again for the basketball game this afternoon where S..P. will be playing per the Courts Order. The police :es , these several times is a\)solutely consistent with my clients position that he and his fa:ipily have been bullied, !Th ... J, embarrassed and humiliated. Seemingly STS and the Archdiocese not only ooµdq:µea, this behavior but. · ,courages it.. . ·

1/2017

\..,·

/ client has NEVER contacted the police and your gratuitous comments about whether you would call· the polic t my client was a former police captain and that his wife should ca).l the police serves no other purpose than to

inilame.

In addition, your comments about the Press are unwarranted, are also used to inflam~ and have absolutely nothing with my client. Your clients have previously given comments to the Press, have pubHshed its own Press Release c Archdiocese website and have disseminated a Press Release with my clients name ort it to every STS family at the and throughout the many thousands of people who have read the Archdiocese websit~.

How your clients have handled the Press 4i the pllst, how they intend to handle the Pryss today if the Press chooses cover the basketball game or how your clients choose to handle the Press going forwa'rd is their choice. How the Pr chooses to cover this matter and how they have chosen to cover the matter in the past js their decision, not my client

Finally, I c~ot':1_1~lp but conµ]lent ,i~olJ.t.Yo:ur state~ent that-Defendan~s ~t,md tq full\y ~p~ply with_ the Cq~; Oi:c:l C.ertaJn1y, my clients and I have never suggested otherwise. · ·

~Vcecy,.ctrul,y-#oursrSusan..B,McCi:ea==~-'-~=~~-c-======·-··'~'-----·-··---· ·- .. -·· --· ~~==·...... .... .. ... _ --·· ----- ..... -· · - ........... -.. ..

[email protected]

!4/2017 ·

---------- Forwarded message ---From: Theresa Mullen <s 9 JBl)»iiY.lsF."i'.fet> Date: Saturday, February 18, 2017 Subject: On-line Petition ' To: Joe Caporaso <[email protected]>

Dear Deacon Joe:

Last night I learned that an on-line petition which ilisparages my family ajid most importantly my daughters was· published on social media and also in the Star Ledger. I ruii sure it has gone viral by now in places I will never see. · '

.. This mean-~ii;ited p~tjtio~:qi~o :;s¥\t".s thi,ngs that are absolutely false and t15es the STS Logo. I believe it started.~d·~s posted.by anSTS parent. ·

==-~'·-'='= --Unfo.rtuniitezy.:S~..independentlydiscov.e.;ed--this,togetbel!---with=h{)m.ble-l:mnmi::nt&by=&.T~="== parents and others. There are even likes I am told by STS faculty.

No child should ever be subjected to this type of behavior.

This revictimizationof S~ and now most recently K · ii; , continues witJ!iout end.

There are no words I can use to express just how devastated I am about wbat\has happened and what continues to happen to my young children.

I am at such a loss right now. Last year I repeatedly came to the school !llld wrote endless letters all in an effort to discuss what was happening: ·

Now my children who were raised at STS and who love STS continue to be repeatedly traumatized over and _over again. '

I ani also very concerned about what might happen at tomorrow's basketball gapie.

J am attaching the link with this email for your review.

https://www.change.org{p/archdiocese-of-newark-catholic-schools-we-stand-with-sts-end~tbemisrsmresentatfon-of-st-theresa-school-in-kenilworth?source Jocation=minibar 'i

Theresa Mullen

Sent from my iPhone

____ Information from ESET Smart Security, version of virus signature database 12804 (20151231) ____ _

M/.Z017

resa E. Mullen

From: Susan B McCrea [[email protected]] Sent: Saturday, February 18, 2017 2:49 PM To: scot! phillips;

Subject: Fwd: On~llne Petition

Sent from my iPhone

Begin forwarded message: . .

From: Christopher Westrick <[email protected]> Date: February 18,20-17 at 1;17:30 PM EST To: "[email protected]" <[email protected]>

-==eGc; .. '!Charle.s.MeCareUa!! ..,;::CMQare.IIa@&tire llabyme.cqrn:::e __ . .. . . . ... ·--··· ··- ........ , Subject: Fwd: On-line Petition

Ms. McCrea, ·

-··--··-- ·---.. ·-··

The below email, sent by your client to Deacon Joe a short while ago, has been forwarded to me.

Ms. Mullen seems to suggest a safety concern regarding "what might happen at tojnorrow's basketball game". I have reviewed all comments to the xeferenced petition as of this writing, and do !not see any threat nor suggestion of any violence· such as would .give rise to a safety concern. If 1 did, I ·would call the police myself. My clients have previously been advised to· contact the Kenilworth Police',Department concerning tomorrow's.game. Before seeing this email, we felt it would be wise to n;quest a pP1ice presence in light of the media attention your clients have brought to this case and the near certainty that they have invited press to attend the game. You should know that the press is NOT WELCOME on STS property and will be asked to

---teitve--immediately,se-the·Phillips-family-should-not-invile-the--press-onte-8-'F&prq,e-rty-nor-eneom-age-o,r---enable them into accessing the property.

Notwithstanding the above; if your clients believe it is warr~ted or necessary due to a perceived danger or safety concern, I would suggest they contact the Kenilworth Police Department the:iµselves. Since Mr. Phillips is a retired police officer I would assume he knows this already, but it beargirepeating.

STS and the Archdiocese fully intend to comply with the .court order issued yesterill\Y·

Christopher H. Westrick, Esq. Certified by the Supreme Court of New Jersey as a Civil Trial Attorney

Care1la, Byrne, Cecchi, Olstein, Brody & Agnello, P.C. 5 Becker Farm Road · Roseland, N.J. 07068 (973) 994-1700 (973) 994-1744 (Fax)

• http://www.carellabyme.com J [email protected]

Begin forwarded message:

212412017

I !

~;l."l.il\,.,a,r4!' j\. .J':'.\..d~-~1d., , •• n.~u~ . ~ A ~-'-~ 7JJfftJ.f,g, .. , .

I Make, this; g:o viral. ;

'

.h~of-Newark ·eathoffc Schools: We • i

.Stand With STSI End the misrep of ... . '

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Robert A Grimaldi shared· a Ink.. 33-mfns • e

Petition·. Archiliocese ofNewark Catholic Schools: We Stand With STS! Ejnd the misrepr ... Page 4 of 13

WE STAND WITH STS! End the· misrepresentation of St. Theresa Sc~ool in Kenilworth 1

Saint Theresa Students & Parents 136 Supporters

In December 2016, Saint ~eresa Catholic Elemental)' School was named by one o~ its school and parishioner's families in a lawsuit. What began as a family's litigation to aJlowtbefy daughter to play on·a boys' catholic }'.outh organization basketball team turned mto·a sideshowofspeculaticin, .

,. .... ,, . . .

Petition· Archdiocese ofNewark Catholic Schools: We Stand With STS! ];Ind themisrepr, .. Page 5 of!: • ! •

misreporting and spec.tacle. Going viral in the national news, media outlets IJ>icked up the story as told by the family and ran a orie-sided exaggerated and distorted tale. Under a gag or(ler because of the litigation the school was not afforded the ability to give any perspective in the matter and was left unable to defend itself. '

This is where we come in. WE STAND WITH STS! !

We are parents, alumni, families and parishioners who know, love and appre¢iate St. Theresa · Elementary School, the parish community and what it does for our children aha our families. . . . We ~e unlting to tell· the side of the story n·~t being sho°wcased in the media. ,The ~ne of a principal and . school who readily offered options and support to the family that slanders its l\Jame. STS teaches their students respeqt, dignjty, c)lruity .and.responsibility to become i'gQod Chr;istiatjs and honest citizens" and · held to :th(:se p,incipiils in this. The;y folfowi;d i:ulcs outlined py the Catholic t outh Organ'i:i:ati.on ;md the Archdiocese -ofNe)'Vark .. They worked with ·what capacity they could to prp~ae alteniativ'~. to tl:ie student wh~n there was no school basketball team due to lack of interest. The! options were met with a

--· __ ..... J.a'a'.@it !lild !t.1'5':fusal of CQ.QJ1.~ratjo11_:from the _f~il)c. ___ ,._________ .. - ____ ____ .l. _ ... ·--- _______ __ ______ ...

Worse yet, it was. met with negative co=ents to the media and disparaging rdplarks about not only the school but the students in it. STS studi:nts were collateral damage to this family's gi:udge against the school. They were misrepreiiented by the girl as jealous and intolerant. They v.!ere subject upon · ani'?Dg to school with med_ia yans and reporters. Police enforcement was disp~ched to sc)lool property for the safety of the students. Their privacy and the privacy of the families atteiyiing the school were violated by the attention brought on. Attention which. this family seemingly reli~bed. A family who told reP.{lrters their interpretation of reality, that they weri; met wi!h defel)sivene$1 rather thiµi the reality that they subjected th¢ir girls to this spec1'.ll!lle ·to inspire, influence, and em bold'* th'e attention. Attention that' afforded this family and thefr daughters opportunities with nanonal orgaruzations; basketball ~ and media personaiities. 'All opportunities that were obtained by falsely claiming ·

. injustice. Our students don't deserve this. Our faculty doesn't deserv_ e this. The ~ood name of this educational institution doesn't deserve this. We collectively are tired of the misrwresentation.

i

WE STAND WITH STS in reje~g the claim thatlhe school and the students i)n any way bullied, rejected or discrimina~d against~ family. . . . . . . . . . ': · . .

.· . . . . . ,. .

WE ST.AND WITH STS in kilo~ng that our principal and our faculty went and ~o go far beyond what they need to do bn a daily basis to accommodate and work with our childn:n. . \ ..

' i

WE STAND WITH STS in its achievements in inclusion, flexioility and pro~!ve thinking.

WE STAND WITH STS in knowing that it followed rules arid protocols and bi~ their best to make accommodations. '

WE STAND WITH STS ·in knowing that this issue has gone far beyond a·girl not being able to play basketball and has grown to a family's vindictiveness. . I

I I • •

WE STAND WITJ1 STS because 'WE ARE STSI !

.We are the parents who volunteer our tim~ to ~sist, coach, lead Md ·impact. Wear~ the students who learn, grow, Jove and work together. We are the teachers who nurture, teach, give ~d inspire. We are

- · · .. ~-tlurpeo_phnvbo-know-beyond·the·shadow-of a-do11bt1:haHhe:negativity--of0NE-family-will-not-bear---·----·-··· witness to the resilience and confidence of all the others. 'WE STAND WITH STSI I

https:/iwww.change.org/p/archdiocese-of-newark-catholic-schonls-w,._~~,..r1~""'h~ ... 7 --~ •

Petition · Archdiocese of Newark Catholic Schools: We Stand With STS! End the misrepr ... Page 6 of I

Please join me in getting the message out that STS is not what is being portl-ayed. We recommend that you share information here and also reach.out to each of these parties (see dst below.) We feel that the Archdiocese and the nation overall heeds-to hear from everyone as we feel 1\hey've only heard one side of the story. Please share what is in your heart and what you feel is pertinent.

'

• Include personal testimonies and stories of your positive experiences at the· school; interactions within the community, the value of the Catholic education your child(ren) receive.

• How important St. Theresa School is to the community and the parish ~tself • Personal successes of your.students, stories of how the faculty and adn\rinistration has helped your . family and children. · · ·· · · · ·

Here are the people you can.reach out to:

• C~dinal Jo;eph Willi!Wl Tobin, C.Ss.R.; D.D., kch~ishop· bf.Newark,i,Archdloc·e~ of Newark PO Box 9500, Newark, NJ 071_04-0500 . · . . .· . '. . . . . '.

• Dr. Margaret Dames, Ed.D., Superintendent for Catholic Schools. for th~ Arclidi6cese· of Newark, ····--··--·-- ____ .. (9JJ) 19-'Z::A26.Q...£chQQ).:,0_ffice@n:anschools.org_~ · . _ .L.... _ .

• Sr. Patricia Butler, SC, Elementary School Administration and Essex anti Union County Elementary Schools for the Arcl)diocese ofNewark, [email protected]

1

1 -

• Jim Goodness, Vice Chancellor and Director of Communications for the1,Archdiocese of Newark, 973-497-4186, [email protected] · i

• lonathan Azzara, Public Relatim;is Specialist, 973-497-4193; [email protected]

This petition will be delivered to:

------.0,:ttrcli01ocese ofNewark

\

. Cardinal Joseph Willi.run Tobin, C.Ss.R., D.D. ·• Archdiocese of Newark Ca1holic Sclioi>ls . \

Dr. Margaret Daines, Ed.D., Superintendent for Catholic Schools ,, • Jementary School Admbiis~ation and Essex and Union County Eleme*ary Schools -·

Sr. Patricia Butler

~ more decisipn makers.,.

• St. Theresa Schoo) . . ( · Deacon Joe Caporaso · · · l

• ice Chancellqr and Dir.ector of Communications· for the Archdiocese off ewark · Jim Goodness · 1

• TomHaydon

I Read ttie· letter I = Letter to Archdiocese of Newark Canlinal Joseph William Tobin, C.Ss.R:, D.D.

bttps://www.cliange.org/p/archdiocese-of-newru:k-catholic.-schools-we-stand-with-sts-end-t -. ? n~ n n, ,., I

Petition· Archdiocese of Newark Catholic Schools: we·Stand With STSl, End the misrepr ... ·Page Tof

Archdiocese of Newark Catholic Schools Dr. Margaret Dames, Ed.D., S~periritendent for Catholic Schools · lementary School Administration and Essex and Union County Elemehtary Schools Sr. Patricia B~~ . . . I . St. Theresa School Deacon Joe Caporaso lee Chancellor and Director of Communications for the Archdiocese o~Newark Jim Goodness Tom Haydon

We Stand With STS! End the misrepresentation of St. Theresa School in K9nilworth. ·

~

• catholic schools

_____ r~Jes and golic~e!............ c ·- ·-:::. - ----L .. -··---••oo•HN••••- ·- -----

• youth basketball

• new iersey

Sainl Tlieresa Students & Parents started this petitien with a single signatu:ie, and now has 136 supporters. Start a petition today to change something you care _about. '

I Start a petition

Updates

1. 2 days ago Petition UJ)date

l.

Keep it Going. The Lawsuits are hopefuiJy over but our good name is still being smeared .. • • i

' . I'm takin . this from a comment on the NJ.com article which I think hi hli ,hts man of this group's feelings. She is a 13 year old kid. All the "hoop"la will be over, media will be gone, and . she still has to go to school with these kids... · ·

·\ 2. S days ago

l 00 supporters 3. 6 days ago

Saint Theresa Students & Parents started this petition

Reasons for Signing .' !

' • I •

J am a aduate of St. Theresas and I kno these o le well. am the kind of ers' n who does not have problems with many people. but these parents are destroying my Salesian fam ly. I learned a lot at St. Theresas, and I do not think I could have got a better education anywhere else. due thing I learned

https://wwW.cbimge.org/p/archdiocese-of-newark-catholic-schools~we-stand-with-stj'"""il-t

EXHIBITUU

Robert A Grimaldi

Make this go viral

Archdiocese of Newark Catholic Schools: We Stand With STS! End the misrepresentation of ...

Like • Cornment Share

Robert A Grimaldi shared a link.

- ~ l - ..., ..... ~

'\! -- ..;;, •

Petition · Archdiocese of Newark Catholic Schools: We Stand With STS! End the misrepr ... Page 4 of 13

WE STAND WITH STS! End the misrepresentation of St. Theresa School in Kenilworth

Saint Th0resa Students & Parents 136 Supporters

In December 2016, Saint Theresa Catholic Elementazy School was mrrned by one of its school and parishioner's families ina lawsuit. What beg&n as a family's litigation to allow their daughter to play on a boys' catholic youth organization basketball team turned into a sideshow of speculation,

https:/ /www.change.org/p/archdiocese-of-newark-catholic-schools-we-stand-with-sts-end-t... 2/21 /?.O 1 7

Parents of basketball girl who sued school are teaching her narcissism, not justice

0 3

Andrea Zagorski Schuster Love this article

'!. ' - !Li

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.

Carolyn Coppola Enough is enough. You lost, Hve without

This is on Robert Grimaldi's oaae

II

Wanda Grimaldi Can't say, I Never saw them play. But I can say this. Rules are rules! And it seems if they don't like the rules they sue ...... CYO rules are different from Public school rules. I send my child to STS for those rules. It's about the whole picture here.

Wanda Grimaldi You play hard, you are going to fall hard.

Rich Harrington Unfortunately, the real cost is that the reputation of this exceptional school is being dragged though the mud over one child and an EXTRACURRICULAR activity. This hurts hundreds of families who simply want a great education for their children.

. . . (·:i:)tH~ is v,Jr-1t;r-1q t1 C()nrrrH:;nt ..

Robert A Grimaldi shared Wanda Grimaldi's post - at 9 Church of St. Theresa - Keniworth, NJ.

And as Paul Harvey used to say and now the rest of the story Well at least a little bit more And they should really stop putting the adolescent Photo on these things And they should post pictures of the parents instead

- \Afanrb r.:rim::,lrli \A/ith Dnhort /1 r.:rim:>lrli

Parents of basketball girl who sued school are teaching her narcissism, not justice O ·,·,1'< r<:·1

3

•

Andrea Zagorski Schuster Love this article

Carolyn Coppola Enough is enough. You lost, live without '' I - ' ,, '

This is on Robert Grimaldi's oaae

;::) e 1.:,,,11 ijno[u ·

Friends· Noti1ina to s1~1ovv .,,__.,.

Wanda Grimaldi shared a link.

Archdiocese of Newark Catholic Schools: We Stand With STS! End the misrepresentation of ... (---- · -·, · i y [) () n () V El (1 j US t Si ~J r1 E~ t t·1 f S f) E: tit i {J l 1

Like Comment Share

Like · Reply · February 17 at ! I: IJprn

Ill Remove Fran Bigg This is terrible Like ·.Reply· February 18 at 10:53am

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Robert A Grimaldi h.::hrnmy ! 7 at 5:08pm ·

Make this go viral

Archdiocese ofNewark Catholic Schools: We Stand With STS! End the misrepresentation of St. Theresa School in Kenilworth.

On December 2017, Saint Theresa Catholic Elementary School was named by one of its school and parishioner's families in a lawsuit. What began as a family's litigation to allow their daughter to play on a boys' catholic youth organization basketball team turned into a sideshow of speculation, misrep ... change.org

Top of Form

LikeSbcrn more reactions CommentShare 77 7 I share Comments

Matt Popola shared Wanda Grimaldi's post.

Where's mom during all this?

,. Wanda Grimaldi with Robert A Grimaldi. l;'f,;

•? e-' ,,.,,

Very well said!!!!!

Parents of basketball girl who sued school are teachina her narcissism not it 1~tirA

Yes! : 'i'

Robert A Grimaldi A little bit of the other side At least this part of the rnedia address the parents and stop dragging the child who has nothing to do with it through the headlines

Lucille Cier I agree 100 percent!!

Lisa Muscolino Bergarnotto Mark 1s basketball team just played against a team with two girls on it .. St. John the apostle, a team in our diocese and CYO. why there and not at St. Theresa's? Seems like this is personal not policy.

Wanda Grimaldi · Those girls were removed from the team

after the coach made a mistake. He admits his mistake too! And yes it is personal. .. It does seem like the Phillips have personal issues with STS.

Matt Popola , So you take your kids out,

and the assholes truly do win. Their kids are learning lousy lessons, but let's keep teaching our kids to be upstanding Christian citizens. If there's a bully in the class, and all the kids pay no heed, the bully has no power over them. Do not cut and run, STS Parents! Fight by staying! Perhaps Tobin thought it in the best interest of the students, here and now, to get rid of the heat. I agree with that. -- • •• ·- • iii, ..

tne class, and all the kids pay no heed, the bully has

. no power over them. Do not cut and run, STS Parents! Fight by staying! Perhaps Tobin thought it in the best interest of the students, here and now, to get rid of the heat. I agree with that. But to sacrifice your kids' education because of one douchebag family as just reactionary.

Ii Matt Popola So you take your kids out, and the assholes truly do win. Their kids are learning lousy lessons, but lees keep teaching our kids to be upstanding Christian citizens. If there's a bully in the class, and all the kids pay no heed, the bully has no power over them. Do not cut and run, STS Parents! Fight by staying! Perhaps Tobin thought it in the best interest of the students, here and now, to get rid of the heat. I agree with that. But to sacrifice your kids' education because of one douchebag family as just reactionary. 1 hour ago · Like · u 'l · Reply

Christine Pepe Mattos The issue is when issues are not addressed and your paying for it. Honestly I didnt sign up for this drama and dishonestly. I send my child there not only for his education but primarily for to be in an environment that demonstrates honestly and a high standard of morals. This is what I expected and what is preached but is not returned, 1 hour aqo · Like · 11_] 2 · Reply

•• -

May God bless our boys today as they play their last game. Unfortunately, due to cowardice, they will have to endure someone who publicly degraded them, and bullied the system. I'm sure you will all see it on the news.

•• ik

Patricia Rimli Blicharz Wow You go boys.I hope you play awesome.As for the P.O.S Sit your ass down and

Amber Protz ~lerant I d ·d· ··n't· g·· ·o· · e·t· ·hAr . ·. <f , < l 'r ...

hope g·etting h~r way gets her far b:ebause in the p,rocess her family screwed a lot of other nicit rute: -"o·· .. · .... 1:1··0· .. ····• \..•1.:1~·.·n· ·g· . ··p··. ,mo·· ····p· .. • .. ··~ .. ·.·.···> -r1 .. 1> .. ~-_-:·_:·_ .. .-y:i.vf:' . : -~-~->. ':.:_,-.:~,., :·. •_:' :_ -~

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\...,c::n, t wait lU see wrncn r11gr1 !::icnuoI Is orave enough to take this mess on an the I can't wait until mommy finds them all job

flJtl 1 hour ago · Like · (J 1 · Reply

' Maria Bui

.

•

apparently they are aimi:ng for Oak Knoll. ..

1 hour ago · Like · o 1 · Reply

Annie Mortimer Well at least your daughter will be out b) then

1 hour ago · Like · o 1 · Reply

. Maria Bui nope, It will be her senior y ar. Their oldest girl is a 7th grader a d ANa is a Sophomore now

1 hour ago · Like · CJ 1 · Reply

Maria Bui Honestly I really don't give a hoot

1 hour ago · Like · O 1 · Reply

Gerry lannini Pompei · She was the judge this yea at one of OKS 11S Mock Triats.

1 hour ago • Like • lJ 1 · Reply

Maria Bui

• • .

.

• • .

• .

sne was tne Judge tn1s year at one or OKS 11 S Mock Trials.

Maria Bui Gerry lannini Pompei yup Hopefully Ana does not do mock trial

Annie Mortimer Of course getting that foot in the door

Maria Bui Annie Mortimer of course. Everything is carefully planned.

; Li

Carolyn Coppola Ooo. A rich school to sue.

f3 n1 i t s c:'1

Maria Bui Carolyn Coppola hahahahaha

Jennifer Okoniewski So they think that boys & girls should be treated equally but they are sending their son to an all boys school & possibly planning to send their daughter to all girls school. I guess being treated equal

EXHIBITVV

Jkeniltuortb ~olicemen'~ ~ene!.lolent %lrJrJoctati n 1Local 135 ~.<!&. ~ox 277 Jkeniltuortb, .. tr¥ 070 3

07/10/2017

Dear Scott Phillips,

I regret to inform you that members of the Kenilworth PBA have requetted a Judiciary Committee be formed to investigate you for violating New Jersey State PBA bl.laws. The violations are Conduct Unbecoming and Oath of a Member by sign, deed, or t9ken. Due to the nature of the charges and to avoid a conflict of interest, this matter has been fo~warded to the Union County Conference PBA to impanel a Judiciary Committee for a fair an impartial

review.

~li;r-Ryan Kernan

President PBA 13 5

President Ryan Kernan• V.P. Edward Paster• Delegate Robert Cox• Treasurer V Smith

EXHIBITWW

May God bless our boys today as tt1ey play tf1eir last game. Ut1fortunately, dLJe to cowardice{ tt1ey will t1ave to endure son1eot1e wr10 publicly degraded tt1em, a11d bullied the system. I'm sure you \Nill all see it 011 tt1e news.

; f 4.··.·· • •

Patricia Rimli Blicharz Wow You go boys.I hope you play awesome.As for the P.O.S Sit your ass dow11 ar1d

wt10 publicly degraded them, at1d bullied the system. f 1m sure you will alt see 1t on tt1e news.

Patricia Rimli Blicharz Wow You go boys.I hope you play awesome.As for the P.O.S Sit your ass down and st1ut your pie hole.MONKEY DICK.

Denise Wulstein Jacome

EXHIBIT XX

· Another NJ. Catholic school stops girls from playing on boys hoops team I NJ.c m

Another N.J. Catholic school stops girls rom playing on boys hoops team

~ By Tom Haydon I NJ Advance Media for NJ.com

ga Email the author I Follow on Twitter on February 03, 2017 at 8:33 AM, updated February 03. 2017 al 1:04 PM

CLARK -A second Catholic elementary school has had an Issue with girls playing on a boys basketball earn.

Page 2 of3

Two fifth~grade girls were pulled off a boys team at St John the AposUe School in Clark last weekend, a the team has been forced to

forfeit the games in which the girls were members, officials confirmed Thursday.

However, the two girls, who were allowed to play with ttie boys by mistake, have been placed on girls tea s at the school, and the boys team ls continuing Its seas.on In the playoffs, said Jim Goodness, spokesman for the Archdiocese of New rk that oversees the school.

News of the girls being removed from the team comes as the archdiocese faced a legal battle over Sydn y Phllllps, who was a student at St Theresa's School in Kenilworth and wanted to play on .the seventh-grad~ boys basketbal team.

When archdiocese denied the request. Sydney's father, Scott Phillips. filed a lawsuit

Why famlly Is making a lull-court press to get daughter on boys basketball team

The suit claims the school does not have a specific rule prohlbltlng their daughter, a seventh grader, fro playing on the boys team

On Wednesday, St Theresa's notified Scott Phlllips that both Sydney and her younger sister, Kaitlyn, we e beln~ klck_ed out of the

scho!?f.

The archdiocese says Its Catholic schools provide co-ed teams through the fourth grade, but the CYO le gue requires boys and girls to

play on separate teams from fifth grade up.

Sydney Phillips had played on a girls teams at St Theresa' in prlor yeara, but the girls team was cancel! for this season because not

enough playera applled, school officials say.

Goodness on Thuraday said that the two girls at i:;t John the Apostle In Clark had played on a co-ed tea last year, and the school athletic director took the same players for the fifth grade team tJ:iis season.

The mistake was not discovered until last weekend when Richard Donovan, director of CYO athletics for e archdiocese, saw the fifthgrade team playing a game. Donovan notified the athletic director •

.. (.The athletic director) admitted that he messed-up,"' Goodness said.

http://www.nj.com/union/index.ss:f/2017 /02/girls_pulled _ off __yet_another_ catholic _boys_ ho... 2/7/2017 I

I Another N.J. Catl:iolic school stops girls from playing on boys hoops team / NJ.com Page 3 of3

Scott Phillips, in his lavisuit against St Theresa's, claimed there was no rule prohibiting girls from playing on boys teams, which the school and archdioces disputed. A judge rule that the was no legal requirement for a girl to be allowed on a boys team.

Phillips was. appealing a decision when the school expelled his two daughters.

The archdiocese issue a statement saying that the school handbook re.quires that a student be removed if the parents involve the

school in a legal matter

Scott Phillips said hew s shocked by the dismissals.

Tom Haydon may be re ched at [email protected]. Follow him on Twitter _@Tol1J.,.l!!!J!..d0[!§.._1=_. Find NJ.com on

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http://www.nj.com/IDfonlindex.ssf/2017/02/girls _pulled_ of(_yet_ another_ catholic_ boys_ ho... 2/7/2017

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LA WOFF1 ES OF SUSAN B. MCCREA-24 Prospect t. Westfield, N 07080 Phone:(908) n-2122 Fax: (908) 2 2-4351 Attome _ ID# 08581987 SC()IT P LIPS, AS GUARDIAN AD LITEM, ON BEHALF OF S.P AND B.P _

vs.

ARCHDIOC SE OF NEW ARK, ST. 11-IERESA S HOOL, JOHN DOES 1-5, JOHN DOE OHNCORPORATIONS 1-5- ------'

Defendants

SUPERIOR COURT OF NEW JERSEY CHANCERY DMSION, ESSEX COUNTY

Civil Action

Docket'# C-248-16

CERTIFICATION OF MARK BERGAMOTTO

I, MARK BER AM OTTO, of full age hereby on oath deposes as follows:

1.

2.

3.

ent of 3 children who attend St. Theresa School (STS). _

5th ·grader, is a current player on the Boys N Basketball Team at STS.

· 'tted to join the team on November 15, 2016.

4. Attached as Exhibit A are exchanges between myself and the current coach, dated

2016.

5.

15, 2016 which .indicate that I completed the registration forms on behalf of

November 14, 2016 and sent them to school with my son on November 15,

Exhibit Bis a copy of the check that I sigi;ied on November 14, 2016 made

e STS Sports Program so he could play.

6. Also attac ed as Exhibit C is further correspondence date November 17, 2016 between

myself and the current coach about another student at STS who. was permitted to join the

1

team er my son. In this correspondence I requested that the coach bring the application

form t practice that evening so the paperwork could be filled out.

I hereby certi that the foregoing statements made by me are true. I am aware that if any of the

foregoing state ents made by me are willfully false I am subject to punishment.

Dated:

····-··-----····-··-·----·----··--·- ····-·

2

: • 1._. :.;.... .(.

------------------- -------------------- ---------------------------------- - -- -------------------------- ----------------------- -·:..·..:·-·····-··· .. ·-·.··--·········-s::c::·· .. ·-····- .. ·-··&· .... ··~-· ..... ·.-~--'---'--· ~~-~--~· ... ,__. --~-· ._._% ... ....,_,___.~--~--

·EXHIBIT A

---------~~~~

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====k=~~~:=.,__,-============ ----.. -"- ·= -.. -- . . .... : . -~- .... · ....... ·- ··~ ...... ~ .................................. -··.

EXHIBIT B . .

-· .

. ·---··-··---

-- --- . --- --------- --- ··------- ----------------------------

EXHI-BIT C - · -

EXHIBITYY

Theresa Roseanne Brand ... Agree totally

Nicki Janeczek Popola Tobin is a coward.

Nicki Janeczek Popola A politician that hides behind a cross.

Christine Pepe Mattos Unfortunately the reality in the past several years has been if you threaten the --1---1 ...,._ __ - ... !II 1---l_.., -S:..C I

EXHIBIT ZZ

July 11, 2017

Mr. Scott Phillips Hon. Theresa Mullen, J.S.C.

Re: Sydney and Kaitlyn Phillips

Dear Mr. Phillips and Judge Mullen,

Please be advised that St. Theresa's School fully agrees with, adopts, and endorses the ecclesiastical and educational decision regarding the denial of re-enrollment of ~ Phillips and K ... Phillips for the 2017-18 Academic Year, as set forth in the attached April 3, 2017 correspondence from Dr. Margaret Dames, Superintendent of Schools for the Archdiocese of Newark.

We wish you and your children the best of luck with their future academic endeavors.

~~{1/( Deacon Joseph €aporaso Principal, Saint Theresa School

Enclosure

EXHIBIT AAA

T_,_

i ~ 11. IE .---"--='---=--.11 ' , I ,

,_j JUL 1 9 2017 I~ , Prepared by the Court

I L.. ---~--' i suPERl.0,R{f'r:i1JJ.-llT<§li'~,n~w. ~JiRSEY CHANCERY DIVISION: ESSIDC COUNTY DOCKETNO.: ESX-C-248-16

SCOTT PHILLIPS, AS GUARDIAN AD LITEM, ON BEHALF OF S.P., B.P. & K.P.,

Plaintiffs, Civil Action

V.

ARCHDIOCESE OF NEW ARK, ST. THERESA SCHOOL, JOHN DOES 1-5, JOHN DOE JOHN CORPORATIONS 1-5,

ORDER REGARDING JULY 18, 2017 AND JULY 19, 2017

HEARING

Defendants.

THIS MATTER having come before the Court at the Court's direction based upon

emails sent to the Court regarding case management matters and the Court having conducted a

case management conference on July 18, 2017 for the purpose of addressing various case

management matters to facilitate the hearing on July 24, 2017 which was scheduled on June 8,

2017, and for good cause shown, and for the reason stated on the record on July 18, 2017 and

today:

IT IS ON this J 9 day oC~:(S_.J,i,,_-J../ ___ ____,, 2017; -- . I

ORDERED as follows:

I. Plaintiffs application for a stay of the trial scheduled for July 24, 2017 pending appeal is

denied.

2. Plaintiffs application for a stay barring the deposition of Theresa Mullen pending appeal

is denied.

3. Theresa Mullen shall appear for deposition on July I 9, 2017 at I :00 p.m., provided she

receives permission to be excused from her job responsibilities to appear at the

deposition. The notice to take Theresa Mullen's deposition was sent to Ms. McCrea who

represented that she is serving as counsel to Theresa Mullen although Ms. McCrea has

withdrawn her representation. The deposition shall proceed as ordered in paragraph 2 of

the Amended Order dated July 13, 2017 since the Court is satisfied that Ms. Mullen has

notice of the deposition.

4. Both parties shall comply with the Court Rules with respect to calling any non-party

witness at trial and shall issue and serve trial subpoenas, in accordance with the rules of

court.

5. As ordered in paragraph 9 of the Amended Order dated July 13, 2017, in advance of the

plenary hearing, the parties shall endeavor to stipulate as to all facts and documents to be

considered at the plenary hearing which are otherwise not contested. All joint exhibits

shall be marked with a "J" designation. All other documents shall be marked with a "P"

or "D" identification as appropriate. The parties shall provide the Court with an index of

all documents including a column reflecting the marking of documents for identification

and the admission of documents into evidence. The exhibits and the document lists shall

be submitted to the Court in a notebook at the beginning of the plenary hearing on July

24, 2017. Documents shall be exchanged by the parties by July 21, 2017 at IO:00a.m.

6. Plaintiff is barred from questioning any non-party parent subpoenaed by him about the

contents of the letters written to Defendants and are barred from confronting these

witnesses regarding the substance or the truth or falsity of the letters based on the holding

in Carmona v. Resorts Int'! Hotel. Inc., 189 N.J. 354, 376 (2007) and Toto v. Princton

~, 404 N.J. Super. 604,619 (App. Div. 2009) and are only permitted to inquire as to

whether Defendants asked or solicited them to write these letters and had a bias against

! the Pr[aintiffknown to the Defendant or about facts which would show Defendants did not

:· reas9nably rely on the letters.

7. Neit~er party shall call any child as a witness in this matter.

8. The ~arameters of hearing are set forth in the paragraph 2 of the Court's Order Regarding

i June\29, 2017 Hearing. (Said Order referred to the June 29 hearing. However, the Order

was jntended to address the July 24, 2017 hearing.)

9. The ~ourt shall not adjourn this matter based on Plaintiff's oral objection of incomplete

discqvery (not embodied in a motion or detailed submission to the Court) since Plaintiff '

has iiot demonstrated that alleged incompl<,te discovery would ·supply a missing element '

of th~ case, Mohamed v. Inglesia Evangelica Oasis De Salvacion, 424 N.J. Super. 489,

498 (App. Div. 2012) (citing J. Josephson. Inc. v. Crum & Forster Ins. Co .• 293 N.J.

SuoeL 170, 204 (App. Div. 1996)) or would patently change the outcome of th~ case

Mindia v. Kushner, 365 N.J. Super. 304. 307 (App. Div. 2004). Moreover, discovery

objections were not timely brought .before .this Court in accordance with the Court's

direc(ion in paragraph 4 of the Court's June 8,2017 Order.

I 0. The Court will schedule the date for the appearance of Theresa Mullen as agreed upon by i

coun~el and Cardinal .Tobin for August 3, 2017, subject to any motion to bar either of

theidestimony. I

I I. Defe~dants shall produce witnesses employed by them who requested to appear for trial ' j .

testiniony, subject to the Court's determination of any application made to the Court i .

based! on case law authority.

12. Defen'dants are permitted to brief the issue of whether Cardinal Tobin and James

' i

Good~ess can be called as witnesses at the hearing commencing July 24, 2017, by

Thurs~ay, July 20, 2017.

I 3. Defe~dants shall produce the statement prepared by counsel which was read out loud in

the p~esence of others by Deacon Joe on the date on the first expulsion (on or about

Febru1ary 2, 2017).

14. Defe~dant shall promptly address Brittney Dvesorak's availability for trial.

I 5. Ms_gr, Nydegger is deemed to be a proper signatory to the answers to interro~atories.

16. Sistetj Perez's last known address shall be promptly provided to Plaintiff. I

17. A corjy of this Order has been served on all counsel by the Court. I

Donald A. Kessler, J.S.C.

Prepared by the Court

SCOTT PHII)LIPS, AS GUARDIAN AD LITEM, ON BEHALF OF S.P., B.P. & K.P.,

Plaintiffs, Civil Action

v. ORDER REGARDING IDENTITY OF.

ARCHDIOCESE OF NEW ARK, ST. THERESA SCHOOL, et al.,

THIRD-PARTY WITNESSES

Defendants;

THISiMATTER being opened to the Court on July 31; 2017 on Susan McCrea, Esq·.'s

oral application relatii;ig to the identity of third-party witnesses, anci for the reasons stated on the ! . . . . . .

record, the cqurt 0rders·as follows:

IT IS pN this 31st day of July, 2017;

ORD]j:RED as fol19ws:

~~-. ·',\-\ __

'

1. The · identity of any patent or other third-party witness for either party shall not be.·· .

publically discussed or disclosed to the public without further Order qf the Court.

2. Prior·'to :trial, the Court shall hold a hearing for the purpose of sealing parent or third• . . . .

party t,itness' statements in connection with discovery,

3. . Any parent or other third-party witness identified by the Plaintiff or Theresa Mullen shall

be di~closed to Defendl'lllts, Archdioces\l of Newark and St: Theresa School, on the ' . ' . .

condi~on that Defenruµits shall n_ot take any adV\JrSe action :with respect to the enrollm(?nt : . . . . .

or statf!s of any children at their .schoo_ls.

4, The Court may bar any·t~stimony at trial to which an appropriat\l_response .was not·

provided during discovery.

1 •

5. A copy cifthis Order has been served on all counsel by the Court.

~K~,1~

!

2

Prepared by theiCourt r

SCOTT PHILrjIPS, AS GUARDIAN AD LITEM, ON BEHALF OF S.P., B.P. &

• I

K.P., ·

Plaintiffs,

v. I

ARCHDIOCE?E OF NEW ARK, ST. TIIBRESA SC/fIOOL, et al., .

Defendants.

/? I A~G -~~!-@1

c~~.~:;e,m;fj')f-NBW DOCKETNO~:-ESX-rr_.,,-. nrl

Civil Action

ORDER TO SEAL

TIDS ~TTER coming before 1he Court based on 1he hearing today, and for the ' 1

reasons statedpn 1he record; and for good cause shown: ' !

IT IS ON this 1st day of August, 2017; , I

! ORDJl!RED as follows: .

I. Toe Cee following identification numbers in 1he record documents:

. i. 16-A ii. 16-B

iii. 16-C iv.. 16-D v. 16-E

vi. 16-F vii. 16-G

viii. .16-H ix. 16-1 X; 16-J

xi. 16-K xii. 16-L,

xiii. 15 xiv. 38 xv. 39 xvi. 41

· xvii. 17 • xviii." 27 i xix. 28

I

jxx. 29 2. Neither party may refer to the specific contents of any of these letters during-examination

of the w).tnesses without the permission of Court. I

3. A copy pf this Order has been served on all counsel by the Court.· i

i '

Donald A. Kessler, J.S:C.

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Mullen, Theresa. A - Answer - NJ Courts

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